Order 9 rule 13 cpc application
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. 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 9 rule 13 cpc application
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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 … WebOrder 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 …
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 … 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 ...
WebDec 20, 2002 · OCGA § 9-13-2. "`The general rule is that a supersedeas suspends all further proceedings in the suit in which the judgment superseded is rendered, such as are based upon and relate to the carrying into effect of that judgment. . . . WebApr 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 …
WebSep 27, 2024 · In another case,application under Section 5 of the Limitation Act seeking condonation of delay of 101 days in filing application under Order 9 Rule 13 CPC, the Hon’ble Court held that petitioners, in their affidavit, categorically stated about the knee operation undergone by their Counsel at Hyderabad But the said aspect missed the …
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 ... cuban food gluten freeWebApr 5, 2024 · Order 13, Rule 9 CPC. In: CPC. 9. Return of admitted documents. (1) Any person, whether a party to the suit or not, desirous of receiving back any document … cuban food ft pierceWebSimilarly, 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. east beach park shoeburynessWebMar 7, 2024 · SUPREME COURT HOLDS THAT APPLICATION UNDER ORDER IX RULE 13 CPC CAN BE ALLOWED IN CERTAIN CIRCUMSTANCES The Two Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices Ashok Bhushan and R. Subhash Reddy passed a Judgment dated 03.03.2024 in the case of Subodh Kumar v. east beach park galvestonWebFeb 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. , cuban food greenville scWebDec 9, 2004 · Order 9 Rule 13 read with Section 151 CPC and Section 5 of the Limitation Act considering that the sufficient cause exists in favour of the respondents subject to paymen...filed objections, the trial court vide judgment and by order dated 18.01.2010 allowed the application moved by respondent No. 9 under order 9 Rule 3 read with … east beach ocean springs msWebFeb 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 … east beach rhode island rentals