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Cpc order ix

Querist : Anonymous (Querist) 16 October 2011 This query is : Resolved 
whether dismissal in default amount to decree.where will appeal go if it is decree.
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ajay sethi (Expert) 16 October 2011
dismissal for deafualt is not a decree . a notice of motion for setting aside order is maintanable
prabhakar singh (Expert) 16 October 2011
A restoration lies in the same court.If the dismissal is u/o 9 r2 or r3 even fresh suit can be filed if limitation is still surviving.If the dismissal is u/o 9r8 ,restoration lies u/o9 r9 but in this case a fresh suit does not lie.
Raj Kumar Makkad (Expert) 16 October 2011
Prabhakar singh has rightly advised.
kuldeep kumar (Expert) 16 October 2011
agreed to mr singh with add note that u/o 9 rr 2 3 appeal can not be made bcs its not decree.

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