appeal / writ against rejection of 9/9

CA SKSONI (Querist) 23 February 2010 This query is : Resolved
whether writ is maintainable for 9/9 rejection

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Devajyoti Barman (Expert) 23 February 2010
No writ but Miscellaneous Appeal lies under Order 43 of CPC.

Parveen Kr. Aggarwal (Expert) 23 February 2010
Order 43, Rule 1, Sub-Rule (c) of the Code of Civil Procedure, 1908:

"1. Appeals from orders: An appeal shall lie from the following orders under the provisions of section 104, namely:-

(a) .....
(b) .....

(c) an order under rule 9 of Order IX rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit."

If the statute provides remedy of appeal for impugning an order, writ cannot be filed.

Guest (Expert) 23 February 2010
Mr Barman rightly reply your querry. i do agree with him.

seshagiri Rao (Expert) 25 February 2010
Writ is not maintainable against the order under order 9 rule 9 civil procedure code.A civil miscellaneous appeal is maintainable against such an order under order 43 rule1(c) of civil procedure code

Raj Kumar Makkad (Expert) 25 February 2010
I do agree with my all expert friends on this matter.

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