Order 9 rule 13 cpc application

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August undefined, 2024

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. 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 "`The general rule is that a supersedeas suspends all further proceedings in the suit in which the judgment superseded is rendered, such as are based upon and relate to the carrying into effect of that judgment. . . .

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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... 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 … grand cayman all inclusive resorts day pass

Del HC Scope of Or. 9 R. 13 CPC application: Whether summons …

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. 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 … WebDec 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 … chinese academy of meteorological sciences

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Appearance of Parties and Consequence of Non …

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 … 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. , grand cayman anesthesia conferenceWebAug 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 … chinese academy of sciences admission

"WebIn 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 … " - Order 9 rule 13 cpc application

Order 9 rule 13 cpc application

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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 … WebApr 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 …

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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. … 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.

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 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 …

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. 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 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, …

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 … grand cayman all inclusive resorts familyWebMay 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... grand cayman allowing cruise shipsWeb25.08.1998 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 ... grand cayman all inclusive resorts marriottWebNov 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. chinese academy of sciences cnkiWebFeb 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... grand cayman all inclusive vacationsWebapplication under order ix rule 9 read with under section 151 of the code of civil procedure, 1908 court seeking recall of the order passed by the hon’ble court and restoration of the suit which was dismissed in default on account of non appearance by the counsel on first call as the counsel was busy in arguments in another court alongwith … grand cayman apartmentsWebOrder 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 … grand cayman all inclusive resorts honeymoon