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. WebMar 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 …

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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... Web25.08.1998 filed under Order 9 Rule 13 CPC, no deposit was made by the tenant as required by Section 17 of the Provincial Small Cause Courts Act, 1887 (hereinafter referred to as “Act,1887”). 9.On 25.11.1998, i.e., after filing the application under Order 9 Rule 13, the tenant made further deposit of Rs.1950/ as a rent from 30.11.1997 to ... diamondback baseball uniform https://corpdatas.net

Application Under Order IX Rule 13 CPC Can Be Allowed Only …

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 … 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 … 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 … diamondback baseball world series

Application Under Order IX Rule 13 CPC Can Be Allowed Only …

Category:Supreme Court: Application U/O IX Rule 13 CPC can be allowed …

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Order 9 rule 13 cpc application

Order 13 of CPC - PRODUCTION, IMPOUNDING AND …

WebSimilarly, 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. WebRule 9 Order IX of Code of Civil Procedure 1908 "Decree against plaintiff by default bars fresh suit". (1) Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be …

Order 9 rule 13 cpc application

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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 … WebIn 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 …

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. ,

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 … 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 ...

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

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 … circle of fifths artworkWebApr 27, 2024 · 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 … circle of fifths camelotWebNov 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 … circle of fifths bassWebJun 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... diamondback beachWebSep 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 … circle of fifths but with different intervalWebJul 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 … circle of fifths b majorWebApr 9, 2024 · Order 9, Rule 13 CPC. In: CPC. Setting aside decrees ex parte. 13. Setting aside decree ex parte against defendant. In any case in which a decree is passed ex parte … circle of fifths b minor