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 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 …

In CR-1187-2024 (O&M)- PUNJ HC- In the absence of service of …

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 … feasts during lent

stay+of+execution+under+order+9+rule+13 Indian Case Law Law

WebApr 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 … 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 "`The general rule is that a supersedeas suspends all further proceedings in the suit in which the judgment superseded is rendered, such as are based upon and relate to the carrying into effect of that judgment. . . . WebJun 5, 2024 · Order IX Rule 13 of the Civil Procedure Code, 1908 Order IX Rule 13 CPC gives an opportunity to the aggrieved defendant to assert the sufficient cause for his absence, … debt of thanks

order+ix+rule+9+cpc+sufficient+cause Indian Case Law Law

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

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 It is immaterial whether the appeal was withdrawn reserving the liberty to prefer an application under Order Rule 13 of CPC or not.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. WebJul 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... debt of tamilnadu governmentWebApr 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 … debt of tamil nadu

"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. … " - Order 9 rule 13 cpc application

Order 9 rule 13 cpc application

Consequences of Non appearance of parties (Order 9)

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 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. 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 …

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WebFormat of Affidavit for Miscellaneous Application to recall ex parte order passed against the Defendant. Miscellaneous Application an be filed against ex parte order. Application under Order IX Rule 13 of Code of Civil Procedure dealing with Setting aside of decree ex parte against the defendant can be entertained only the following two grounds ... 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 …

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 · The High Court remanded the matter back to the trial court for reconsideration of tenant's application under Order 9 Rule 13 CPC and Section 5 of the Limitation Act in accordance with law.

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 … 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 …

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...

WebApr 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 … debt of time shayalonnieWebMar 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 … feast season 20WebRule 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 … debt of texas feast season ffxivWebSep 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 … feasts egWebFeb 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 … debt of time fanfictionWebIn Order IX, renumber rule 13 as sub-rule (1) thereof and insert the following sub-rule, namely:- " (2) The defendant shall, for service on the opposite party, present along with his … debt of the philippines in world bank 2022