Judgment briefs
Supreme Court of India

Amruddin Ansari (Dead) Through Lrs. & Ors. v. Afajal Ali & Ors.

i) Whether after the dismissal of the petition for restoration of suit u/Or. IX R.4 of the CPC a fresh suit is…

Dismissed
Court
Supreme Court of India
Decided
22 Apr 2025
Citation
[2025] 4 S.C.R. 2650
Case no.
SPECIAL LEAVE TO PETITION (CIVIL)... No. 11442/2023
Bench
J.b. Pardiwala, R Mahadevan

Issue for consideration

i) Whether after the dismissal of the petition for restoration of suit u/Or. IX R.4 of the CPC a fresh suit is maintainable; ii) Whether after dismissal of suit in default u/R.2 and R.3 of Or. IX of the CPC, a fresh suit is barred by the principle of Procedure, 1908 – Or.IX, R.4 – Whether after the dismissal of the petition for restoration of suit u/Or. IX R.4 of the CPC a fresh suit is maintainable: Held: From bare reading of the two provisions i.e. R.4 and R.9 of Or. IX of the CPC, it is manifestly clear that u/R. 4 of Or. IX

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