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. 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 ...

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Webapplication 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 … 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 … the painu coffee

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

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 It is immaterial whether the appeal was withdrawn reserving the liberty to prefer an application under Order Rule 13 of CPC or not.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. 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. … 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... the paint works st helena ca

Affidavit restoration application dismissed suit order IX Rule 9 Civil

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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 … 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 ... shutterfly glass ornament reviewsWebMar 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. the paint zoom power sprayer

"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 … " - Order 9 rule 13 cpc application

Order 9 rule 13 cpc application

Order IX CPC Rule 8, 9, 10, 11, 12, 13, 14 Appearance of Parties ...

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 … 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 …

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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, … WebNov 4, 2004 · Not addressed in rules; no form plan Mariana Islands 9 Oregon Model Plan form 1300.05 refers to estimated debt and arrearage 9 Washington Eastern Local Form LF2083 Chapter 13 Plan. states that trustee will pay according to amt. stated on POC. 9 Washington Western Chapter 13 Plan form specifies that priority and secured claims to …

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.

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 … 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 …

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...

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 … shutterfly girl first birthday invitationsWebApr 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 … the paint zoom sprayerWebApr 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 … the pain wall minneapolisWebFeb 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. , the pain was so acute that i screamedWebJul 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 … shutterfly glitter ornamentWebFeb 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 ... shutterfly glitter ornament reviewWebMay 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... shutterfly gift certificates