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....334/1989. It is also prayed that till the adjudication on an application under Order 39 Rule 11 of the C.P. C., the proceedings of the suit needs to be stayed.
4. The...and carried out construction in breach of the order dated 17.02.2005.
8. In 2010, petitioners filed an application under Order 39 Rule 2-A of the C.P. C. alleging breach of ...
39 Rule 11 of the C. P. C.
10. The petitioners challenged the said order. The District Judge - II by order dated 28.07.2015, allowed the appe...
...Junior Division, Vadgaon, Mawal, in an application made by the Petitioners (original plaintiffs) under Order 38 Rule 5 1908 and Order 39 Rule 11 of the Code of Civil Procedure, 1908 (“the Code”). ...Petitioners, in the premises, applied for further orders under Order 38 Rule 5 and Order 39 Rule 11 of the Code against Respondent No. 3 on the basis of breach of the undertaking. That application...application was on the footing that the predecessor in title of Respondent No. 3 herein had originally given an undertaking in an application made under Order 38 Rule 5 of the Code by the Petitioners not...
...under Order 39, Rule 11, even then, notice comtemplated under that provision was not given and, therefore, the Court was wholly incorrect in striking off the defence. His...under Order XV-A, Rule 2 or Order 39, Rule 11 was given in asmuch as the defendant was supplied with a copy of the concerned application.5. In ...whether the defendant should be relieved from an order striking off the defence”.6. This new provision has been added by amendment with effect from 5-9-1983. Similarly, original Order 39 was amended and ...
...ground that there was non-compliance of Order 5, Rule 2, read with Order 39, Rule 11, of the Code of Civil Procedure (hereinafter referred to as ‘the Code’), as contende...Joint Civil Judge (Senior Division), Nagpur, praying for dismissal of the suit, being Special Civil Suit No. 478 of 2000, under Order 5, Rule 2 read with Order 39, Rule ...dismissal of the suit, as there is no provision in the Code to that effect. According to him, reference made to Order 39, Rule 11 of the Code is totally misplaced, since this is not a case where the...
...No.1(b) and dismissed
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the Suit under Order 39 Rule 11(1) of the Code of Civil Procedure (for short "the CPC...
application on 24thApril, 2008, for striking out the defence of the Defendants under Order 39 Rule 11 of the CPC. The Appellants claimed that the Defendants had, intention..., 2006 by Defendant No.1(b) under Order 39 Rule 11 of the CPC for dismissal of the Suit. This application was opposed by the Plaintiffs. The
6...
...R.M Lodha, J.:— Twin issues arise in this appeal. The first issue is whether Order 39, Rule 11(1) of the Code of Civil Procedure (Bombay Amendment) introduced in...under Order 39, Rule 11(1) of Code of Civil Procedure as applicable in the Maharashtra. The plea of the plaintiff in support of notice of motion has been that the defendant...Order 39, Rule 11(1) of the Code of Civil Procedure (Bombay Amendment) is directory and that the defendant having already handed over the possession of the subject flat the order...
...Respondents for dismissal of the suit has found favour with the Trial Court whereby the suit has been dismissed purportedly under Order 39 Rule 11 of CPC. The Trial Court has...found that under Order 39, Rule 11 when the Court orders any party to do or not to do a thing during the pendency of suit and the party commits default or contravenes the...Order, the provisions of Order 39 Rule 11 can be invoked. The Trial Court has also referred to definition of an ‘Order’ as appearing under section 2(14) of cpc to mean a...
...Respondents challenging the Order passed by the learned Trial Judge, dismissing the application under Order 39 Rule 11 of the Civil Procedure Code, came to be allowed and...essentially on the short ground that the learned Appellate Court has proceeded to hold that once there is a breach of an Order, the consequences of striking of the defence under Order 39 Rule ...considering the defence of the Petitioners to the application under Order 39 Rule 11 of the Civil Procedure Code, the learned Judge has allowed the Appeal preferred by the...
...provisions of Order 39 Rule 11 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) came to be allowed. Consequently, the petition filed by the appellant seeking divorce came to be dismissed...dismissing the petition for divorce under provisions of Order 39 Rule 11 of the Code of Civil Procedure?
6. We have heard the appellant in person as well as the learned...the same. The learned Judge of the Family Court, therefore, on 18.01.2018 proceeded to invoke the provisions of Order 39 Rule 11 of the Code and as a consequence allowed the application below Exhibit...
...the provisions of Order-39, Rule-11 of Code of Civil Procedure for non compliance of the order.3. Considering these facts and as the petitioner is not ready to...K.K. Tated, J.:— Not on board. At the request of Advocate for the petitioner matter is taken on board for urgent order.2. By this petition, the petitioner is challenging the...order dated 28 November, 2015 passed by 8 Joint Civil Judge, Senior Division, Pune below Exh. 15 in Marriage Petition No. 946 of 2014 directing the petitioner to pay the maintenance amount of Rs...
..., Nashik on 10/12/2012, thereby rejecting the Misc. Civil Appeal preferred by the Petitioner/Plaintiff pursuant to the provisions of Order 39 Rule 11 of the Civil Procedure Code...defence of Defendant Nos. 1 to 3 pursuant to the provisions of Order 39 Rule 11 came to be allowed on 12/2/2009. The said order was confirmed upto this Court.
4. On 03/05/2002.../Defendants would urge that Order 39 Rule 11 was inserted by Bombay Amendment, whereby provision is made for procedure to be adopted on parties defying orders of court and committing breach of...
...Rs. 1 lakhs. The Judge held that on failure of the compliance of the order of interim maintenance, his defence is struck off under the provisions of Order 39, Rule 11 read...Sambhaji Hatkar…., reported in 1999(2) Mh.L.J 297. He submitted that the Court is also empowered to pass order under Order 39, Rule 11 of Civil Procedure Code.7...?8. The Court has power to strike off the defence under Order 39, Rule 11 where the proceedings are taken out for temporary injunction and interlocutory orders...
...of the suit was rejected. The said order dated 19thJanuary 2006 was passed in terms of Order
39 Rule 11 sub rule (2 ) as the earlier order dated...12th January 2006 was passed in exercise of power under Order
39 Rule 11 (1) of the Code of Civil Procedure. The order dated 19thJanuary 2006 is an...appellable order in terms of Order 42 Rule 1 clause ( r) of the Code of Civil Procedure. Once an order in exercise of powers under Order 39 Rule 11
...
...Learned Trial Judge for striking out the defence of the Respondent in terms of the provisions contained in Rule 11 of Order 39 of the Code of Civil Procedure, 1908 (as amended...this stage to strike out the defence of the Respondent.3. The power conferred by Order 39 Rule 11 is a salutary power which is vested in the court to strike out...reason not to exercise the power under Order 39 Rule 11 where a default which is willful or contumacious is brought to the notice of the Court. In the present case, since the...
...provisions of Order 39 Rule 11 of the Code of Civil Procedure. By this appeal, the appellants have also challenged the order passed below Exh. 30 on 4-7-2006 rejecting the applic...-2006, the plaintiff filed an application under provisions of Order 39 Rule 11 of the Code of Civil Procedure praying that the defence of the Zilla Parishad, Aurangabad be...provisions of Orders 39, Rule 11 of the Code of Civil Procedure. It was canvassed on behalf of the appellants that in case the appellants had failed to produce the documents as per the direction o...
...Ratnakar D. Patade Vs. Smita Pandurang Dalvi,
1996 (1) Mah.LJ 76 which held that provisions of Order 39 Rule ...the defendant No.2 made application under Section 114 read with Order 47 of the CPC for reviewing the order dated 07.06.2011. However, under Order 39, Rule
4/11...ought to have exercised power under Order 39 Rule 11(2) if not under Section Section 114 read with Order 47 of the CPC. She, therefore, submitted that the order dated 05.03.2012 is also liable to ...
...out the defence of the petitioner - defendant exercising jurisdiction under Order 39 Rule 11 of the Code of Civil Procedure.3. The respondents - plaintiffs have filed the civil suit...original sale deed on the record in spite of the order passed by the trial Court on Exh.15 and therefore, the respondents filed application (Exh. No. 83) under Order 39 Rule 11 of the...Order 39 Rule 11(2) and Order 11 Rule 21 of the Code of Civil Procedure pointing out the circumstances because of which it was not possible for the petitioner t...
...by which Family Court dismissed the Appellant's petition under Order 39 Rule 11 of the Code of Civil Procedure, 1908 for non compliance of the interim order i.e payment of...1. Heard. By this Family Court Appeal the Appellant husband is challenging the order dated 16 March, 2018 passed by the Family Court, Pune below Exhibit-1 in Petition No. PA. 804/2016...aside the order dated 16 March, 2018 passed by the Family Court and remanding the matter for hearing on its own merits.3. Both parties filed consent terms dated 25 July, 2018 duly signed...
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5. In the aforesaid background, in my opinion, the contention of Mr. Sarwate, learned counsel for the Petitioner that the earlier orders passed in exercise of powers under Order 39, Rule 11 (Bomba...proceedings in which the order dated 1 December, 2021 passed by the Family Court below Exhibit 135, the Court shall be sensitive to the provisions of Order 39, Rule 11 of Code of Civil Procedure...Nitin W. Sambre, J.:— On 16 September, 2021, this Court (Coram : Bharati Dangre, J.) has requested the Family Court to pass an order below Exhibit 135 on or before 4 October, 2021. In...
...Order 39 Rule 11 of CPC for striking out the defence, if such application is not already filed. It will be also open to the applicant to file application for appointment of...application under Order 39 Rule 11 of CPC for striking out the defence, if such application is not already filed. The learned Trial Judge is requested to decide the application for...the entire arrears of license fee of Rs. 6,17,46,361/-.3. In support of this application, Mr. Haridas invited my attention to order dated 04/09/2015 passed by this Court in the above...