Order 9 rule 13 cpc application

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August undefined, 2024

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 "`The general rule is that a supersedeas suspends all further proceedings in the suit in which the judgment superseded is rendered, such as are based upon and relate to the carrying into effect of that judgment.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

Application Under Order IX Rule 13 CPC Can Be Allowed Only …

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 … 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 ... cult hideout sewers osrs

Ex parte Decree and its remedies Order 9 Rule 13 CPC

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 … 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 … 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. east hill market \u0026 cafe

Order 9 Rule 7 CPC - iPleaders

WebMay 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... 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 It is immaterial whether the appeal was withdrawn reserving the liberty to prefer an application under Order Rule 13 of CPC or not.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. east hill medical red deerWebSep 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 … east hill market pensacola

"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. " - Order 9 rule 13 cpc application

Order 9 rule 13 cpc application

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL …

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 ... 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 …

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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 … 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 ...

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 …

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 …

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

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 ... cult hero meaningWebJun 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... culthisp.free.fr andaluciaWebSep 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 … culthispWebNov 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 … east hill medical clinic red deer fax numberWebAug 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 … east hill music schoolWebRead 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 … culthisp.free.frWebMar 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 … easthill medical clinic red deer doctors