...of justice, the Page: 47impugned order deserves to be set aside and application under Order 9, Rule 7, Civil ...Order 9, Rule 7, Civil Procedure Code is rejected by the Court below.2. The plaintiffs filed a sui...preferred an application under Order 9, Rule 7, Civil Procedure Code (Annexure P-6), dated 9-5-2013. The said...

...court may allow under Order XI, Rule 8, Civil Procedure Code. Order XI, Rule 6, Civil Procedure Code, is intended to cover o...stated that the company is prepared to answer any question if the court so directs and that the stage for an application under Order XI, Rule 11, Civil Procedure Code, would aris...Order XI, Rule 7, Civil Procedure Code, to set aside the whole set of interrogatories or any part of the interrogatories on the ground that they have been exhibited " u...

...XI, rule 8, Civil Procedure Code. Order XI, rule 6, Civil Procedure Code, is intended to cover objections which may be taken in the affidavit to be fil...directs and that the stage for an application under Order XI, rule 11, Civil Procedure Code, would arise only when an affidavit mentioned in Order XI,...Procedure Code. It was contended by Mr. Brij Lal Gupta on behalf of the company that, logically speaking, the stage of objections under Order XI, rule 7, Civil ...

...submits that after dismissal of the application under Order 9, Rule 7, Civil Procedure Code the defendants filed a Writ Petition No. 666/2006 before this Court, however, on 30-8-2006 they.... Plaintiffs have filed the present appeal under Order 43, Rule 1(U) of the Civil Procedure Code against the judgment dated 3-8-2012 passed by the Additional District...the ex parte proceedings, the defendants filed an application under Order 9, Rule 7, Civil Procedure Code but got registered it as an application under Order 9, Rule 13, ...

...with the written statement. This is comparable to that applicable to the plaintiff under Order 7, rule 14 (1), Civil Procedure Code. Order 8, rule 1 (2...refresh his memory. All these changes in Order, 8 Rule 1 (2) to (7), Civil Procedure Code, providing for the filing of the documents and also a list by the def..., provides that the Court shall receive the documents so produced, provided the documents are accompanied by a list prepared in the prescribed new provisions made under Order 8, rule 1 (2) to (6) ...

...Order XXXIX, Rule 7, Civil Procedure Code. The application in question, in my opinion, is nothing but abuse of process of law and it deserves to be dismissed with costs....XXXIX, Rule 7, Civil Procedure Code.2. In order to appreciate the controversy between the parties it is necessary to state the background in which this application was filed...Order XXXIX, Rule 7 read with section 151 of Civil Procedure Code was filed on 19th September, 1998 by the defend...

...Singh Atwal , AIR 1979 SC 1701:“Order 8, Rule 7, Civil Procedure Code prescribes that the Defendant must raise by his pleading all matters w...COSTSPrayer: Second Appeal filed under Section 100 of the Civil Procedure Code against...true and valid?7. Whether the Second Defendant is the bona fide purchaser is a value without notice of the Agreement in favour of the Plaintiff?8. To what other relief...

...appeal. By the impugned order the learned Single Judge found no substance in the plea of the appellant that there was non-compliance with the requirements of Order 8 Rule 1 of the Code of Civil ..., ensure fair deal to the poorer sections of the community who do not have the means to engage a pleader to defend their cases.”7. By the Code of Civil Procedure...the disposal of civil cases”.8. The text of Order 8 Rule 1, as it stands now, reads as under:“1. Written statement.—The defendant shall...

...provisions of Order 17, Rule 1(i)(c) or Order 9, Rule 7, Civil Procedure Code. 9. When the defendant does not show a good or sufficien...), Civil Procedure Code, the fact that the pleader of party is engaged in another court, shall not be a good ground for adjournment. He submitted that this petition be dismissed.... In view of provisions of Order 9, Rule 7 if the defendant wants the adjournment of hearing of suit ex parte, he is obliged to assign good ground explaining his previous...

...XVII and Order XVIII, Rules 1 to 3” and found that whole of Order IX of Civil Procedure Code has been applied to the proceedings under the ....9. A plain look at the said Rule 276 makes it clear that Order IX of Civil Procedure Code has been made applicable in the procedure to be followed by th...141, Civil Procedure Code do not find mention in Rule 276, the order passed by the Claims Tribunal under the...

...cause’ and ‘sufficient cause’ as stated under Order 9 Rule 7 Civil Procedure Code, as under:“(...meantime, an application under Order 9 Rule 7 of Civil Procedure Code was filed on behalf of respondents No. 3 to...Order 9 Rule 7 of Civil Procedure Code was filed on behalf of respondent No. 2 for setting aside ex parte ...

...apply for a review of judgment to the Court which passed the decree or made the order.”8. Without filing an appeal against the impugned decree in Title suit No. 82 of 1967 the plaintiff has filed the review applicati...instituted on 1-8-1967. The plaintiff filed an application under Order 47, rule 1, Civil Procedure Code for revie...judgment on the ground that the learned Munsif did not take into consideration Order 7, rule 7, Civil Procedure ...

...application. The trial court held that in terms of the amended Order 8 Rule 1 of the Code of Civil Procedure, 1908 (in short “CPC”), there was no scope for accepting a written statement filed beyo...Procedure (Amendment) Act, 1999 (46 of 1999) (in short ‘the 1999 Amendment Act’) the text of Order 8 Rule 1 was sought to be substituted in a manner that the power of the court to...delay in the disposal of civil cases’.8. The text of Order 8 Rule 1, as it stands now, reads as under:‘1...

...by First Civil Judge, Class-I, Khaniyadhana, District Shivpuri in Civil Suit No. 25A/2011, by which the application filed by the petitioners under Order IX, Rule 7, Civil Procedure ..., Rule 7, Civil Procedure Code for setting aside ex parte order. It is mentioned in the application that the petitioners were not aware of the date which was fixed before the trial Court. Although...the petitioners has rejected the application filed under Order IX, Rule 7, Civil Procedure Code.6. Challenging the order passed by the Court below, it is submitted by th...

...decided on 20-7-1983 on the basis of a compromise but the provisions contained in Order 32, Rule 7, Civil Procedure ...Order 6, Rule 17, Civil Procedure Code, referred to hereinabove, indicates that the Civil Suit No. 3-A/83 was fil...plaintiff has asserted in the said application that the provisions of Order 37, Rule 2, Civil Procedure Code had not been...

...deposit the amount on or before that date and did not ask for extension of the time under Order 34, Rule 7(2). She deposited the amount towards the end of 1942 and filed I. A No. 93 of 1943 on th...be, so long as the suit is pending, the mortgagor has the. right expressly given to him under Rule 7(2) and under Rule 8(1) of Order 34, Civil Procedure Code....suit. The decree says in so many words that it is a preliminary decree under Order 34, Rule 7, Civil Procedure Code...

...Order 8 Rule 7 and Section 5 of Civil Procedure Code, to recall the P.W. for marking document and I.A.No.65 of 207 has been filed under Section 5 of Civil Procedure ...side for further evidence and I.A.No.66 of 207 has been filed under Order 7 Rule 4(3) and Section 5 of Civil Procedure Code, seeking to receive the document. The learned III Additional District Mu... COMMON ORDER These Civil Revision Petitions have been filed to set aside the fair and decreetal order, dated 08.09.207 in I.A.Nos.64, 65 &...

...Jurisdiction. He invites attention of the Court to the provisions of Order 47, Rule 7 of Civil Procedure Code to ...granted a note thereof shall be made in the register and the Court may at once rehear the case or make such order in regard to the rehearing as it thinks fit.”11. Rule 8 therefore clearly shows that when an A...Order 47, Rules 7 and 8, Civil Procedure Code are read together, it is clear that Appeal permitted under Order 47, Rule 7 re...

...written statement had already been filed. Order 8, Rule 9 and Order 6, Rule 7, Civil Procedure Code interdicted Court's jurisdiction to act on...provisions of Order 23, Rule 1, Civil Procedure Code. It was beyond the competence of the trial Court to refer to the plai...Order 1, Rule 10, Civil Procedure Code. 6. However, on the scope of Order 13, ...

...service of summons, the period of limitation as provided by the proviso to Rule 1 of Order 8 of the Code of Civil Procedure, 1908 (hereinafter “CPC” for short), as introduced by Act 22 of 2002 wit....”25. By the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999) the text of Order 8 Rule 1 was sought to be substituted in a manne...for enforcement. The text of the provision in the present form has been introduced by the Code of Civil Procedure (Amendment) Act, 2002 (22 of 2002) with effect from 1-7-2002. The purpose of such like...