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Order 9 rule 13 cpc 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 … 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.

SUPREME COURT HOLDS THAT APPLICATION UNDER ORDER IX RULE 13 CPC …

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 … 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... ipcrf template for master teacher https://jpbarnhart.com

Order 9, Rule 9 CPC - WritingLaw

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 … WebSep 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 … 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 ... open toe support hose

Kar HC Whether entering ‘appearance’ by Advocate but ... - SCC Blog

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Order 9 rule 13 cpc application

Kar HC Whether entering ‘appearance’ by Advocate but ... - SCC Blog

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 … 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...

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 … 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.

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. , 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 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 …

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 …

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 … ipcr full formWebapplication 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 … open toe support stockings for womenWebIn 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 … ipcrf tool 2022ipcr henryWebApr 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. open toe thigh high heelsWebApplication under Order IX Rule 13 of CPC, 1908. The respondent/applicant respectfully states as follows : - (1) The Plaintiff filed the above suit which was decreed ex-parte against the applicant on 10/10/2014 (2) The applicant came of know of this fact on 15/10/2014, when a demand notice was served on him by the plaintiff for the decretal amount. open toe thigh highWebDec 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. … ipcrf tool for teachers