...and preliminary decree for partition was passed on 4-7-2008.3. On 15-10-2008, the appellant and Respondents 14 and 15 filed an application under Order 9 Rule 13 CPC for...were made in the application filed under Order 9 Rule 13 CPC, only in the last amendment, the defendants have stated that suit summons was served on the son of Applicant 2 viz. Tanaji. The trial court...dismissal of application filed under Order 9 Rule 13 CPC, on 3-9-2010, the appellant and Respondents 14 and 15 filed Civil Appeal No. 108 of 2010 and the same was withdrawn on 11-6-2013. On the ve...

..., Kanykumari District, dismissing the petition filed under Order 13 Rule 9 CPC for returning of the document. 2. The revision petitioner is the first defendant and the first...necessary to refer Order 13 Rule 9 CPC. 9. Return of admitted documents.- (1) Any person, whether a party to the Suit or not, desirous of receiving back any docu...required to do so. 9. On an application being made by a party under the above proviso of Order 13 Rule 9 CPC, the documents are necessarily returned if the applicat...

...of the Criminal Rules of Practice, has 3 no application, since the application was filed under Order 13 Rule 9 CPC. ..., the law that applies in the above case, since the application was taken up before the dismissal of the suit, was Order 13 Rule 9 CPC. Consequently, there was no bar in the court... TUESDAY, THE 11TH DAY OF JUNE 2019 / 21ST JYAISHTA, 1941 CRP.No. 380 of 2019 AGAINST THE ORDER DATED 31.05.2019 IN IA.NO.1369 OF 2019 IN OS...

...contentions, he has drawn the attention of this Court to the provisions of Order 13 Rule 9 CPC and prays for dismissal of the revision petition.8. I have...point of time.11. There is no dispute to the provisions of Order 13 Rule 9 CPC. Since, the petitioners-defendants compromised the matter and in lieu thereof...heard the learned counsel for the parties and appraised the paper book.9. It is matter of record that the trial Court vide order dated 28.05.2007 directed the Record Keeper, after...

...-1994 in CFR No.8415 of 1993 in OS No.l 14 of 1991 in dismissing the application of the appellant which was filed under Order 9, Rule 13 CPC to set aside the...suit was decreed on 6-8-1993. The appellant filed petition under Order 9, Rule 13 CPC, to set aside the order dated 6-8-1993 contending that the judgment was made under...Order 17, Rule 2, and therefore, the application filed under Order 13, Rule 9 CPC is maintainable. 3. The learned S...

..., inasmuch as Order 13 Rule 9 CPC deals with the situations where documents could be released prior to the appeal period is over. Order 13 Rule 9 CPC reads as f...Ext.P7 order, I am inclined to set aside Ext.P7 and direct the trial court to reconsider Ext.P6 application strictly in accordance with the provisions of Order 13 Rule 9 CPC and fresh orders shall.../COUNTER PETITIONERS 1 TO 3 & OTHERS/PLAINTIFFS & DEFENDANTS 1 TO 5 AND 9 TO 13: 1 VIDHYADHARAN.N. AGED 75...

...petition has been filed assailing the order dated 24.09.2024 passed in RCS A/44/2022 by First Civil Judge Senior Division, Itarsi, District Narmadapuram whereby, the application filed under Order 13 Rule 9...the civil suit and vide judgment and decree dated 15.02.2024 the same is dismissed. Thereafter, the plaintiff filed an application under Order 13 Rule 9 CPC stating that...filed by the defendant No.1-respondent herein. The same is assailed by the petitioner by filing this petition on the ground that the order impugned is contrary to the provisions of Order 13 Rule 9 of ...

...of 2002 by which the High Court has allowed the application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 (hereinafter called “CPC”), reversing the judgment and order dated 11-12-2001...to her during the proceedings of maintenance under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter called “CrPC”). The said application under Order 9 Rule 13 CPC was also accompanied...consideration the conduct of the appellant subsequent to the date of decree of divorce which was totally irrelevant and unwarranted for deciding the application under Order 9 Rule 13 CPC. More so, the High...

...plaintiff-respondent No. 2 and the defendant No. 2-respondent No. 3. He further drew attention of this Court towards the provisions of Order 13 Rule 9 CPC, specifically the...documents under Order 13 Rule 9 CPC and General Rules (Civil), 1986, which were submitted by them and the Court was duty bound to return the documents to those persons who...order. 8. Before dealing further, it would be fruitful to refer Order 13 Rule 9 CPC which provides as under:-- "Return of admitted d...

...on the provisions of CPC, more specifically, Order 13 Rule 9 CPC which entitles the party, who had marked 2/6 docu..., this Court referring to Order 13 Rule 9 CPC,held that when prayer for return of documents is made in the form of a petition, setting forth the facts for immediate...Rule 9 CPC which enables even a person, who is not a party to the suit to receive back documents produced by him in the suit and marked as Exhibits. Only exception to the said Rule is when the document...

...dismissal of an appeal against an ex parte decree on the ground that the same is barred by limitation attracts the provisions of Explanation to Order 9 Rule 13 of the Code of Civil Procedure and creates a bar to th...dismissed on 3-4-2001 without noticing the point that the application under Order 9 Rule 13 CPC was not maintainable in view of the dismissal of the earlier appeal filed by Respondent 2....11. The only contention raised on behalf of the appellant is that on a true interpretation of the Explanation to Order 9 Rule 13 CPC the application for setting aside the ex...

...case on hand, as already pointed out, the plaintiff has filed the certified copy of Ex.B2 along with the petition under Order 13 Rule 9 CPC. Moreover, in the affidavit filed in...are complied by the revision petitioner, required under the proviso Sub Rule 1 of Order 13 Rule 9 CPC he certainly entitled to get back his original document and hence, the...order passed in I.A.No.7 of 2022 in O.S.No.12 of 2015, dated 27.03.2023 on the file of the Additional District Munsif Court, Lalgudi, dismissing the petition filed under Order 13 Rule 9 of the Code of...

...appellants then engaged another counsel and on 10-6-1992, filed an application under Order 9 Rule 13 CPC for setting aside the order dated 18-11-1991 and the ex parte judgment and decree dated 8-2...set aside.4. The trial court dismissed the application filed by the appellants under Order 9 Rule 13 CPC on 22-1-1996. Their appeal failed before the learned District Judge...decree dated 8-2-1992 when they approached their counsel on 6-6-1992. It was within four days thereafter that the appellants filed an application under Order 9 Rule 13 CPC for setting aside the ...

...2015 This petition is filed under Order 13 Rule 9 CPC seeking return of Exs.A1 to A3 marked documents on plaintiffs side in O.S.No.197/2003. According to the affidavit.... On the other hand, Advocate for petitioners submitted that as per Order 13 Rule 9, petitioners need not assign any reasons and they are entitled to t...their documents by giving undertaking that they would produce them as and when necessary. 3. I have perused the provisions of Order 13 Rule 9. No doubt as per this...

..., Sriganganagar whereby an interm order has been passed by said Court that till decision of the application filed under Order 9 Rule 13 CPC in the suit No. 1/2011 to set...passing the impugned order dated 17.12.2011 to stay the execution proceedings till decision of the application filed under Order 9 Rule 13 CPC but at the same time, the...application filed under Order 9 Rule 13 CPC is also required to be decided expeditiously.In this view of the matter, while disposing of this writ petition, the...

...decree came to be passed. It is only when the execution proceeding started that the appellant-defendants allegedly came to know about the decree and moved an application under Order 9 Rule 13 read with Section 151 ...Court solely on the ground that there was no application for condonation of delay made by the appellant-defendants before the trial court in support of their application under Order 9 Rule 13 CPC. The...the time when it was actually made. This was also a valid explanation of the delay. The question of filing Order 9 Rule 13 application was, in our opinion, rightly considered by the appellate court on merits and th...

...application under Order 9 Rule 13 CPC seeking setting aside of the decree and also making a prayer under Order 22 Rule 10 CPC for being brought on record. Prayer was also made fo...sufficient cause for setting aside the decree within the meaning of Order 9 Rule 13 CPC was made out. The appellant preferred a civil revision in the High Court which has been dismissed..., is that an application under Order 9 Rule 13 CPC can be filed only by a defendant and by no one else. Respondent 4 is a transferee pendente lite and in the absence of his having promptly taken steps...

...the petitioner/defendant filed application under Order 9 Rule 13 of CPC along with an application u/s 5 of the Limitation Act; that, the Trial Court by impugned order dated 28.08.2023 dismissed th...is totally erroneous as the service of notice upon the petitioner was not sufficient. On the application filed under Order 9 Rule 13 CPC and Section 5 of the Limitation Act, learned counsel for the...Order 13 Rule 9 CPC was neither deliberate nor intentional nor it was an inordinate delay. 7. Per contra, learned counsel for the respondent/plaintiff would submit that...

...default, the plaintiffs had filed an application under Order 13 Rule 9 CPC for withdrawing all the documents filed by them in the suit. The said petition was also ordered. Therefore, the contention of the...by the plaintiffs pursuant to _________ the dismissal is to file an application under Order 13 Rule 9 of CPC to take back all documents filed by them. This document has been marked as Ex.C1. That...Munsif cum Judicial Magistrate No.1, Usilampatti, by his order, dated 17.04.2017, was pleased to dismiss the application. The learned judge has held that the affidavit lacks clarity regarding the...

...court dated 20-2-2002 by which it had rejected the application under Order 9 Rule 13 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”), for setting aside the..., he filed an application under Order 9 Rule 13 read with Section 151 CPC, for the purpose of setting aside the said award dated 22-5-2000. The Tribunal vide order dated 20-2-2002, rejected the sa...while an application under Order 9 Rule 13 was not maintainable, the said award should have been set aside in exercise of its powers under Section 151 CPC, as the same was required to be done, in...