2024 Order 9 rule 13 cpc application

Order 9 rule 13 cpc application

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August undefined, 2024

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 "`The general rule is that a supersedeas suspends all further proceedings in the suit in which the judgment superseded is rendered, such as are based upon and relate to the carrying into effect of that judgment.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

Affidavit to Recall Exparte order against defendant and set aside it ...

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 ... 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 ... intel hd graphics drivers for windows r

Order IX Rule 13 CPC - Live Law

WebApplication 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. 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. 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 … john adomian dds santa monica

application for setting aside ex parte decree

Order IX Rule 13 CPC - Trial Court Can Decide Prayer Of …

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. WebJan 3, 2024 · The article talks about Order 9 of the Civil Procedure Code, 1908 (CPC), which deals with the appearance and non-appearance of the parties in a court hearing. Order 9 … intel hd graphics driver support assistantWebApr 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 … john adorney the wind pearl

"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 " - Order 9 rule 13 cpc application

Order 9 rule 13 cpc application

Affidavit restoration application dismissed suit order IX …

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... 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 …

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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 … 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 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 … 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. ,

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 … 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.

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 …

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 … john adonizio hughestown paWebFormat 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 ... intel hd graphics driver plWebRead 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 … intel hd graphics driver n4000WebSimilarly, 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. johnadolphson photographyWebSep 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 … john adom walker isard county arkWebRule 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 … intel hd graphics driver toshiba satelliteWebApr 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 … intel hd graphics driver pentium g4400