Order 9 rule 13 cpc application

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August undefined, 2024

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... 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 ...

Order 9 Rule 7 CPC - iPleaders

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 … 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... read self help

Format of an Application to Set Aside a Decree Passed Expart

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 ... 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 … 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 … how to stop virus notifications on windows 11

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

ORDER IX RULE 13 CPC-SETTING ASIDE EX-PARTE DECREE

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 … 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. . . . how to stop virus warning pop upsWebAs 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 … read self help books online

"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. " - Order 9 rule 13 cpc application

Order 9 rule 13 cpc application

Order IX Rule 13 CPC: Can A Person Who Is Not Party To Suit File ...

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. 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. ,

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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. … 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 …

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 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 …

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 …

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 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 … read self insert fanfictionWebOrder 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 … how to stop visual studio buildWebIn 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 … read semantic error novel sleepy translationsWebOrder 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 read semantic error manga freeWeb9. 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 … how to stop visual studio from auto indentingWebJun 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. read self help book freeWebJan 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 … how to stop vivid memory photography