...17.05.2017 and by the impugned order dated 23.08.2017, the trial Court has rejected the application filed by the petitioners/defendants under Order 9 Rule 7 of ...submit that the impugned order is unsustainable and bad in law as for filing the application under Order 9 Rule 7 of the C.P.C no period of ...could not appear before the trial Court and when the defendants came to know about the ex-parte order, they have filed an application under Order 9 Rule 7 of the ...

...defendant on terms under Rule 7, the Court cannot pass an order which would have the effect of placing the defendant in a situation more worse off than what he would have been if he had not applied under ...C.P.C. The very filing of the application under Order 9 Rule 7 of C.P.C., is maintainable. 4.To support his contention he has relied upon the following the decisions: ...in the trial proceedings. Relying the judgments referred by the learned counsel for the petitioner, it is made clear that there is no limitation for filing the petition under Order 9 Rule 7 C.P.C...

...aside the ex parte order under Order 9 Rule 7 of C.P.C., which is clearly barred by limitation under Article 37 of C.P.C. 4. The learned...and to allow this revision petition. 5. The learned counsel for the respondents/defendants and 2 would submit that for filing a petition under Order 9 Rule 7 C.P.C. no per.... 8. As rightly stated by the learned counsel for the respondents/defendants and 2, Order 9 Rule 7 of C.P.C. does not prescribe any limitation for filin...

...which the petition under Order 9 Rule 7 of C.P.C came to be filed, he chose to resist the petition. It was also contended by the learned counsel for the revision petitio...prescribed for application under Order 9 Rule 7 C.P.C, Article 137 of the Limitation Act would be attracted and that since the...preliminary decree or final decree, the petition filed by him under Order 9 Rule 7 C.P.C would not be rejected as belated or one filed beyond the period of ...

...Order 9, Rule 7, C.P.C This Court in Palani Nathan v. Devannai Ammal, 1987 (2) MLJ 259, has held...delay of two years in filing the set aside application by the petitioner/3rd defendant under Order 9, Rule 7 of C.P.C and for filing an application under ...present case in hand.23. Therefore, it is made clear that there is no limitation for filing the petition under Order 9 Rule 7 of C.P.C but the ...

...learned counsel appearing for the revision petitioner/D1, is that no period of limitation has been prescribed under Order 9 Rule 7 C.P.C to set aside the ex pa...respondent has adverted to that since no limitation has been prescribed under Order 9 Rule 7 C.P.C, Article 137 of the Limitation Act, 1963 being the r...endorsed that no limitation is prescribed to set aside the ex parte order passed under Order 9 Rule 7 C.P.C and therefore, he has held that the ...

...reason assigned by the second defendant was not good enough to entertain the Petition under Order 9, Rule 7, C.P.C, still the Court in the interest of justice can permit...passed as against him is not convincing, the second defendant cannot be shown the doors as the trial proceedings in fact are pending before the Trial Court. The question of limitation is alien to Order ...petitioner.8. The question that surfaces for consideration is whether an Order 9, Rule 7, C.P.C, should be construed liberally in order to permit a party ...

...the judgment of this Court reported in 2015 (5) CTC 67 (Visalakshi Vs.Umapathy) to contend that for an application filed under Order 9 Rule 7 ...challenging the allowing an application filed by the 8thdefendant under Order 9 Rule 7 of C.P.C. 2. A perusal of the records...of Constitution of India, to allow this Civil Revision Petition setting aside the fair order and decreetal order of District Munsif Court, Pattukottai in I.A.No.2 of 2022 in O.S.No.22 of 2010, dated...

...said application in I.A.No.354 of 2010 under Order 9 Rule 7 of C.P.C., read with Article 123 Limitation Act 1963 to set aside the ex parte ...application to set aside the ex parte order under Order 9 Rule 7 of the Code of civil procedure was filed on 1.6.2010 i.e., after four years. ...under Order 9 Rule 7 of C.P.C., to set aside the ex parte order, dated 6.7.2006 in O.S.No.17 of 2007. 28. It is to be noted that thi...

...… v. Saroja & Others… reported in 2016 (6) CTC 209, I clearly made that there is no limitation for filing the petition under Order 9, Rule 7 of C.P.C but t...9, Rule 7, C.P.C This Court in Palani Nathan v. Devannai Ammal, 1987 (2) MLJ 259, has held that for filing an Application un...Order 9, Rule 7 of C.P.C, cannot be maintained.”17. Therefore, it is my absolute view that there is no limitation for filing application under...

...the order dated 12.10.2018 whereby the application filed by the petitioner/ defendant no.9 under Order 9 Rule 7 of the C.P.C. and also application under section 5 of the...that now the petitioner could not be permitted to file WS by allowing his application under Order 9 Rule 7 of the C.P.C. The statement of the 2...the petitioner. Shri Anand Bhatt, learned GA for the State. Shri Mahendra B. Baraniya, learned counsel for the respondent No.R-1[LR/S]. ORDER...

...the order dated 12.10.2018 whereby the application filed by the petitioner/ defendant no.9 under Order 9 Rule 7 of the C.P.C. and also application under section 5 of the...that now the petitioner could not be permitted to file WS by allowing his application under Order 9 Rule 7 of the C.P.C. The statement of the 2...the petitioner. Shri Anand Bhatt, learned GA for the State. Shri Mahendra B. Baraniya, learned counsel for the respondent No.R-1[LR/S]. ORDER...

...Order 9, Rule 7, C.P.C is also governed under Article 123 of Limitation Act and while so, Application filed in 2012 (A. No. 524 ...Order 9, Rule 13, C.P.C, the Legislature would not have intended to prescribe unlimited time to file an Application under Order 9, Rule .... 31908 of 2011 under Order 9, Rule 7, C.P.C which was returned and not represented would amount to withdrawal/abandonment of the claim under Order 2...

...on hand, as admubrated supra, the ex parte order, as against the revision petitioner/D1 was passed on 5.6.2009 But the application in I.A No. 87 of 2013 under Order 9, Rule 7 .... It does not mean that an application under Order 9, Rule 7 C.P.C, to set aside the ex parte order can be filed at any point of time, i.e, even after several ...prescribed under Order 9 Rule 7 C.P.C, like that of Order 9 Rule 13 as observed in Rajaji's case as well as in Vi...

.... Nonetheless, it is open to the petitioner/5thdefendant to file a written statement raising the plea, which has been raised in an application under Order VII Rule 11 of C.P.C. The trial Court is request...C.P.C. (ii) The suit is barred by limitation. (iii) The suit is hit by Order IX Rule 9 of C.P.C. 5. The...9 of C.P.C. and Order II Rule 2 of C.P.C. do not appeal to me. 9. On the next plea of limitation, limitation is a mixed question of law and fact. U...

...by Mr. J.R.K.Bhavanandham, that the application was filed under Order 9 Rule 7 of C.P.C. whereas the correct provision of law should be Order 4 ...further stated that the appeal is still pending and therefore, it was only an ex parte order and therefore, the provision of the Limitation Act may not strictly apply. Questioning such an order, the...petition had been filed by the defendant in O.S.No.7 of 2007 which was pending on the file of the District Munsif cum Judicial Judicial Magistrate, Uthukottai. The suit proceeded in its normal course and was...

...set aside ex parte order under Order 9 Rule 7 of C.P.C-after lapse of three years is barred by Limitation." 12. Also in another...;- "34. Since no limitation is prescribed under Order 9 Rule 7 C.P.C., like that of Order 9 Rule 13 as observed in Raja...follows;- " There is no limitation prescribed to set aside ex parte order under Order IX, Rule 7 of C.P.C." Th...

...Order 9 Rule 7 of C.P.C But the same was returned for rectification of defects and it was not represented in time. Subsequently, an exparte decree in the suit w...filed and even after the exparte decree being passed, neither an application to set aside the exparte order was amended as that of an application under Order 9 Rule 7 C.P.C...set aside the exparte decree, is only with an intention to drag on the suit proceedings.7. It is a case where originally Order 9 Rule 7 application has been...

...of 2016. 3. Learned counsel for the petitioner stated that he also filed an application under Order IX Rule 7 of C.P.C and in view of dismissal of delay petition, the...Court with a direction to dispose of the application filed under Order IX Rule 7 of C.P.C. after hearing both the parties. 5. With the above direction, the Civil...5 of the Limitation Act read with 151 C.P.C. by defendant No.2 in the suit for condoning the delay of '991' days in filing the petition for setting aside the order dated 15.06.2017 passed in O.S.No.36...

...order passed by Rent Controlling Authority, Pipariya, District-Narmadapuram dated 30.01.2024 (Annexure A-1) in Case No.51/B- 121/2021-22 by which applicant-tenant filed an application under Order 9 Rule 7 ...Jaiswal had informed that he has purchased the premises. On that, the applicant inquired the matter from the Rent Controlling Authority and filed the application under Order 9 Rule 7 and Rule 13 read with .... He filed an application under Order 9 Rule 17, Rule 13 of CPC r/w Section 151 of CPC and under Section 29 of M.P. Accommodation Control Act that was dismissed in arbitrary manner...