...discharged under Army Rule 13(3)(I)(iii)(c) read with Rule 13(2-A) and Army Order 46/1980 in public interest.8. The High Court, by a well-reasoned ...General, that since the respondent was in low medical category, he was discharged under Army Order 46 of 1980 read with Rule 13(3)(I)(ii)(c) of the Army Rules, 1954 (for short “the Rules”...”; (iii) as per the policy directive issued by the Government on 15-3-2000, Army Rule 13(3)(I)(iii)(c), he could be discharged only by the Chief of the Army Staff and not by OIC, 20 JAT Regiment e...

...provided in Order 13, Rule 3, C. P. Code, this instrument was rejected as inadmissible in evidence by Civil Judge, Junior Division, Navsari, who held that the document was an in...case. 5. If an order is passed under Order 6, Rule 17, C. P. Code, it would be a case decided. Similarly, an order passed under ...in such form as the High Court directs. Order 13, Rule 3, C. P. Code, reads as follows: The Court may. at any stage of the suit reject...

...maintainable. This is begging the question. The question to be decided is whether order 9, Rule 13, Civil Procedure Code applies, which, the Court said 'does not'. It was not therefore, an ...that rejection of an application under Order 9 Rule 13 of the Code of Civil Procedure, being appealable, an appeal should have been preferred and the revision is not...denied in view of section 4 (4) of the act that the Guardianship Court was a Court of civil jurisdiction. It is explicitly provided in Sec.141, C. P. C, that the procedure prescribed in the Code shall...

...were filed by the plaintiffs, one on 16-3-83 and the other on 17-3-83 purported to be under the provisions of Order 13 Rule 2, C. P. C. seeking permiss...13 Rule 2, C. P. C. After hearing the counsels for both the parties, I am of the view that the documents which are sought to be admitted in evidence are relevant and leave...1. This revision is directed against an order dated 23-3- 1983 passed by the Additional Sub Judge, Balasore, refusing to admit some documents during the course of hearing. Two petitions...

...opposite party no. 1 to decide the application under Order 39 Rules 1 and 2 CPC being paper no. C-6 along with its objections being paper no. C-13 at the earliest in terms of Order 39 .... No.1316 of 2022. (ii) the Hon'ble Court may be pleased to direct the parties to maintain status-quo on the property in dispute till the application under Order 39 Rules 1 and 2 CPC is decided...by the learned court below; and" 3. Considering the prayer limited to the issue of mandamus, the writ petition is disposed off directing the opposite party no.1 to decide the application under...

...the petitioner was under, training his case is covered by Rule 28(b) (3) of the Central Reserve Police Force Rules, 1955 which provides : "28. (b) No appeal shall lie against an ...an order discharging a recruit before the termination of his period of training." 3. Under Rule 28(a) every subordinate officer...against whom an order under serial numbers 1 to 4 of the Table in Rule 27 or under Clauses (d) and (e) of Section 13 is passed, can file an appeal. The order against whi...

...order 17 rule 3 c. P. C. And as such no application under order 9 rule 13 c. P, c. Lies. The trial court ...an application under order 9 rule 13 c. P. C. (2) It is, however contended by sri n. Bapiraju, the learned counsel for the respondents that once the petitioner,...application under order 9 rule 13 c. P. C. Is maintainable. There cannot be any doubt that in order to attract the provisions of order 17 role ...

...clause (d) of sub-section (13) of Section 3 of the High Court Act, subject to a few exceptions. Such exceptions are the orders mentioned in clause (h) of sub-section (1) of Section 104 an.... A literal interpretation of clause (d) of sub-section (13) of Section 3 of the High Court Act yields such a meaning only. Therefore, the orders which are mentioned in clause (h) of sub-.... While considering the said question, this Court drew the difference between clauses (b) and (d) of subsection (13) of Section 3 of the High Court Act. It was held that going by Section 3(...

...within specific stipulated period. b) .............. c)......." 3. An Application under Order 9 Rule 13 C.P.C. filed in Regular Suit No. 254 of 1995, which was dismissed i...the said application expeditiously preferably within a period of three months from the date a certified copy of this order is submitted before him. 5. With the aforesaid direction, the...present petition is disposed of. Order Date :- 3.1.2022 AKS Neutral Citation No. - 2022:AHC-LKO:29 ...

.... His counsel reported no instructions. The trial Court then proceeded under Order 17, Rule 3, Civil P. C., and pronounced the judgment then and there. The claim of the plaintif.... 3. The trial Court held that the application under Order 9, Rule 13, Civil P. C., was not tenable inasmuch as the Court had proceeded under ...application under Order 9, Rule 13, Civil P. C., the defendant preferred an appeal under Order 43, Rule 1 of the Code. The appellate...

..., the controversy in this case related to the applicability of Rule 13-C in regard to the land in question.18. In his judgment and order dated 25-3-2008, the learned th...in contravention of the mandatory requirement of Rule 13-C. The learned Judge, therefore, held that the settlement contravened Rule 13-C on the point of determining the ...held that the settlement was directly hit by Section 23 of the Contract Act as it defeated the object of Rule 13-C and was, therefore, unlawful for the purposes of Rule 3 ...

...by the order dated 5 - 3 - 1986 passed by the d. J. , satna in mjc. No. 3 of 1984, dismissing their application under order 9, rule 13, c. P. ...order 9, rule 13, c. P. C. , their main contention was that they did not yet an opportunity to present their case and the written statement filed by the secretary was wholly...Gulab Gupta, J.:- (1) This appeal filed under order 43, rule 1 of the code of civil procedure, is by one of the defendants who feel aggrieved...

... - 3 - M.A.No.47/2020 was filed under Order XLIII Rule 1(c) of CPC which was rejected in terms of the ...- THIS MSA IS FILED UNDER ORDER 43 RULE 1(c) OF CPC, AGAINST THE ORDER DATED 07.07.2023 PASSED IN M.A.NO. 47/2020 ON THE FILE OF THE ...challenged an order passed by the Principal Civil Judge, Bengaluru rural district, Bengaluru, dated 04.06.2012 in Misc.No.13/2012, by which a petition under Order 9 Rule 9 of CPC was rejected as well as th...

...defaulting party and hence even the judgment delivered on merits must be treated as one passed on default of the party and it must be treated as an exparte decree within the meaning of order 9 ...rule (2) c. P. C. And the decree is clearly an ex - parte decree coming within the purview of order rule 13 c. P. C. As (he court below held that the applicatio...appeal against such judgment as he lost his remedy under or. 9 rule 13 cpc. Against the said order the present civil revision petition is filed. (3) The learned...

...Procedure, which reads as follows:Order 49 Rule 3: Application of the Rules:The following rules shall not apply to any Chartered High Court in th...therefore clear that Rule 3 of Order 49 excludes application of Clauses (b) and (c) of Rule 11 of Order...under Order 7 Rule 11(b) and (c). It is also further contended that the suit against the official defendants, viz. defendants 103 to 105 is bad for want of notice under...

...applicant is that the impugned order of discharge has been passed in pursuance to provisions contained in Army Rule 13(3) 1(iii)(c) of the Army Rules, 1954. It ...later on and subsequently it was passed on account of low medical category in pursuance of Army Rule 13(3) 1(i)(a) of the Army Rules (supra), as averred in para-8 ...Section 14 of the Armed Forces Tribunal Act, 2007 has been preferred being aggrieved with the impugned order of discharge passed during exte...

...to serve.5. The petitioner stated that he was brought before a Release Medical Board (RMB) on 22nd April, 2002 and he was discharged from service from 31st August, 2002 by the order of OIC Records, the JAT Regiment al...specially non derogant. Discharge of the petitioner being not under Rule 13(2)(A) or Rule 13(3)I(iii)(c) is also born out as the order of disc...the order of his discharge cannot be sustained. Resultantly the impugned order discharging the petitioner from 31st August, 2002 is, therefore, set aside.21. The writ petition is, therefore, allowed and the p...

.... AIR 1947 Lah 13 (FB) (C), was expressed by the Full Bench. It was held that Order 22, Rule 3 of the Code of Civil Procedure...could be no abatement of a revision, as Order 22, Civil Procedure Code, did not apply to revisions and Rule 11 of Order 22 extended its...order, the defendants have submitted this petition of revision. 3. S. Kuldip Singh, the learned counsel for the petitioners, maintains that the provisions of Order 22...

...decided then and there when the document is tendered in evidence. "under order 13 rule 3 c. P. C. , all documents ...document. But ex. A - l was marked subject to the admissibility as it is unstamped. (3) On a consideration of the document ex. A - l the court below came to the conclusion i. Hat it is a...either to the trial court itself or to a court of appeal or revision to go behind that order. Such an order is not one of those judicial orders which are liable to be reviewed or revised by the same court...

...of the State Bank of India under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 under Section 13(2) read with Rule ...Security Interest (Enforcement) Rules, 2002; C. Issue a writ, order or direction in the nature of mandamus restraining the respondent authorities... Neutral Citation No. - 2024:AHC:104954-DB Court No. - 64 Case :- WRIT - C No. - 20816 of 2024 Petitioner...