Order 9 rule 13 cpc application

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August undefined, 2024

WebOrder IX Rule 13 CPC Proceedings:- The appellant-defendant filed IA No.327 of 2016 in OS No.76 of 2015 under Section 5 of the Limitation Act to condone the delay of 276 days in filing the petition under Order IX Rule 13 CPC to set aside the ex-parte decree. In the said application, the appellant has stated that Web9. When an ex-parte decree is passed, the defendant has two remedies – (a) Either to file an application under Order IX Rule 13 CPC to set aside the ex-parte decree by satisfying the …

Order 13, Rule 9 CPC - WritingLaw

WebMar 5, 2024 · Application under Order 9 Rule 13 of the Code of Civil Procedure cannot be automatically granted and can be allowed only when sufficient cause is made out to set … WebAs per Order IX Rule 9 of Code of Civil Procedure, (1) Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in … ready to move projects in noida expressway

Order IX Rule 13 CPC: Can A Person Who Is Not Party To Suit File ...

WebDec 13, 2024 · 1) In the application filed by the tenant on 25.08.1998 under Order 9 Rule 13, there was no compliance of Section 17 of 1887 Act and the application was incompetent. … WebJul 27, 2024 · Rule-13: With Sec.-5 of the Limitation Act: That the application under Order 9 rule-13 of the code of the Civil Procedure was not barred by limitation in the facts of this … WebMar 3, 2000 · The application for setting aside the ex parte judgment and decree filed on 7-4-1983 in terms of Order 9 Rule 13 of the Code of Civil ... Under Order 9 Rule 13 CPC an ex parte decree passed against a defendant can be set aside upon satisfaction of the Court that either the summons were not duly served upon the defendant or he was prevented by ... ready to move projects in bangalore

Consequences of Non appearance of parties (Order 9)

Order 9 Rule 13 CPC, 1908 - iPleaders

WebNov 4, 2024 · It means if the appeal has been disposed as withdrawal, in that event a petition under Order 9 Rule 13 CPC is maintainable. It is immaterial whether the appeal was withdrawn reserving the liberty to prefer an application under Order Rule 13 of CPC or not. In view of the observations, Court held relied on judgment G. Ratna Raj v. WebNov 4, 2004 · Not addressed in rules; no form plan Mariana Islands 9 Oregon Model Plan form 1300.05 refers to estimated debt and arrearage 9 Washington Eastern Local Form LF2083 Chapter 13 Plan. states that trustee will pay according to amt. stated on POC. 9 Washington Western Chapter 13 Plan form specifies that priority and secured claims to … how to take notes for psychologyWebSep 11, 2010 · As per Order 9 Rule 13, the defendant may apply before the court that passed the decree to set it aside on the following grounds: 1. If he satisfies the court that the … how to take notes for uni

"WebApr 27, 2024 · Order IX Rule 13 CPC. Bench stated that insofar as the scope of an application under Order IX Rule 13 CPC was concerned, Court has to see whether the summons in the suits were duly served or not and/or whether the defendant was prevented by any “sufficient cause” from appearing when the suit was called for hearing. " - Order 9 rule 13 cpc application

Order 9 rule 13 cpc application

WebJun 13, 2024 · However, for such an application to be allowed, the defendant must satisfy the court either that the summons was not duly served or that the defendant was prevented by any "sufficient cause" from... WebFeb 1, 2024 · Based on plaintiff's evidence, the trial court passed a preliminary decree, upon which the defendant filed application under Order IX Rule 13 CPC. The application was rejected by the trial court ...

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WebAug 25, 2024 · Application under Order 9, Rule 13:- An application under Order 9 Rule 13 of CPC dealing with setting aside of decree ex parte against the defendant can be … WebFeb 8, 2011 · By order dated 8-2-2001, the trial court allowed an application under Order 9 Rule...without jurisdiction inasmuch as the order of the trial court passed on application …

WebRead Order: AMRIT KAUR (SINCE DECEASED) THROUGH LRS VS INDERPAL KAUR AND OTHERS Mansimran Kaur . Chandigarh, April 12, 2024: The Punjab and Haryana High Court has dismissed a revision petition preferred under Article 227 of the Constitution of India for setting aside the impugned order dated January 10, 2024 whereby the application under … WebFeb 5, 2024 · 5 Feb 2024 7:46 AM GMT The Orissa High Court has reiterated that even after an ex parte decree is set aside under Order IX Rule 13 of the CPC, the defendant neither can be relegated to the...

WebFeb 8, 2011 · (See 9/21/13 Order (Dkt. # 13) at 2 (¶ 172).) The CPC may express any concerns that it has about implementation of the Monitoring Plan or, more broadly, the Consent Decree to the Monitor. Under the circumstances described above, the CPC's interests are adequately represented herein. , WebSep 29, 2024 · 29 Sep 2024 3:44 PM GMT The Supreme Court has set aside a judgment of the High Court, which had allowed the setting aside of an ex-parte decree under Order IX …

WebJun 15, 2016 · Application to set aside the ex parte decree – As per Order 9, Rule 13, a defendant may apply before the court that passed the decree to set it aside. If he satisfies the court that the summons was not duly served or he was prevented by any other sufficent cause from attending the hearding, the court shall make an order setting aside the decree.

WebMay 18, 2024 · Order IX Rule 13 CPC - Trial Court Can Decide Prayer Of Defendants To Permit Filing Of Written Statement After Setting Aside Ex Parte Decree: Supreme Court LIVELAW NEWS NETWORK 18 May 2024... ready to move projects in bavdhan puneWebOrder IX, Rule 13 of the Code states that an ex parte decree passed against a defendant can be set aside if the defendant satisfies the court on either of the two counts: (a) the summons were not duly served on the defendant, or, (b) the defendant was prevented by any … Improper investigation u/s 156(3) by police and judge dismissing the application; … Dr. Ashok Dhamija is an Advocate in Supreme Court of India and other courts … how to take notes for nursing schoolWebJan 3, 2024 · The article talks about Order 9 of the Civil Procedure Code, 1908 (CPC), which deals with the appearance and non-appearance of the parties in a court hearing. Order 9 … how to take notes in medical schoolWebJul 21, 2024 · The Supreme Court has issued notice in Special Leave Petition in which the issue raised is whether a person who is not a party to the suit cannot move an application to set aside ex-parte... how to take notes in meetings as an internWebApr 10, 2024 · 9. Decree against plaintiff by default bars fresh suit. (1) Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action.But he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for his non-appearance when … how to take notes for medical terminologyWebSimilarly, Order 9, Rule 13, C. P. C. provides for setting aside an ex parte decree against a defendant if he satisfies the Court that he was prevented by any sufficient cause from appearing when the suit was called on for hearing. how to take notes in a bookWebIn Order XIII, in rule 9, after sub-rule (1), insert the following sub-rule, namely:- " (1A) Where a document is produced by a person who is not a party in the proceeding the Court may … ready to move-in houses orlando fl