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...(Petitioner herein) under Order 9 Rule 7 CPC was rejected.Hon'ble Apex Court in the matter of Arjun...lordship of the Supreme Court in the matter of Arjun Singh's case (supra) has also held that on good cause being shown in the application under Order 9 Rule 7 CPC same should be...allowed.Considering all the peculiar facts and circumstances of the case, in the opinion of this Court, application moved by the petitioner under Order 9 Rule 7 ...
...) proceedings (2 of 3) [CW-3655/2006] were made ex parte against the petitioner-tenant (hereinafter tenant). The tenant moved applications under Order 9 Rule 7 CPC. They were...application/s under Order 9 Rule
7 CPC. Consequently in terms of Article 137 of the Limitation Act, 1963, the period of limitation is three years which...commences from the date when the right to apply accrues. It has been submitted that it is evident from the impugned orders that the applications under Order 9 Rule 7 CPC were...
...) proceedings (2 of 3) [CW-3655/2006] were made ex parte against the petitioner-tenant (hereinafter tenant). The tenant moved applications under Order 9 Rule 7 CPC. They were...application/s under Order 9 Rule
7 CPC. Consequently in terms of Article 137 of the Limitation Act, 1963, the period of limitation is three years which...commences from the date when the right to apply accrues. It has been submitted that it is evident from the impugned orders that the applications under Order 9 Rule 7 CPC were...
...16/02/2023 passed by Principal Judge, Family Court Jabalpur in RCS HM No.612/2020, by which an application filed by respondent under Order 9 Rule 7 CPC for setting aside ex parte...appears that on 29/08/2022 respondent preferred an application under Order 9 Rule 7 CPC and by impugned order dated 16/02/2023, said application has been allowed and ex parte proceedings ag...further proceedings in the civil suit were pending and therefore, application under Order 9 Rule 7 CPC was not maintainable because it pre-supposes that if defendant appears on a day of adjourned hearing...
...failed to appear in the trial court and, therefore, the trial court directed the suit to proceed ex parte against the defendants. On 29-5-1998 the defendants moved an application under Order 9 Rule 7 CPC p...defendants and their counsel on 2-5-1998 was not intentional but due to unavoidable circumstances. However, purporting to exercise the power conferred by Order 9 Rule 7 CPC to put the defendants, on...putting the defendants on terms can be said to be too onerous as could not have been imposed under Order 9 Rule 7 CPC and whether the High Court was justified in setting aside that condition while...
....
6. On the very next date, an application under Order 9 Rule 7 CPC was filed to set aside the said order dt. 20.10.2023 making the appellant ex parte...30.11.2023 on the same date in the said application under Order 9 Rule 7 CPC stating that application under Order 9 Rule 7 CPC has become "infructuous".
...Court was duty bound to decide the application under Order 9 Rule 7 CPC since it was filed the very next day after it had passed an order making the appellant ex parte...
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...order dated 27th of May, 1989 made by Shri G.S Dhaka, Additional District Judge, Delhi, dismissing the petitioner's application under Order 9 Rule 7 CPC, to set aside a...Order 9 Rule 7, CPC, and prayed that the ex parte order dated 28th of February 1989 be set aside and he be allowed to file the written statement and contest the case on ...not do so. Thirdly, the application under Order 9 Rule 7, CPC, was filed nearly a month after the ex parte order when, according to the trial court, “the limitation for ...
...application under Order 9 Rule 7 CPC, filed by the
defendant No. 1, has been allowed on payment of
Rs. 200/- as costs.
The contention of counsel for the revisionist is
that the application...under Order 9 Rule 7 CPC, was
not filed on the adjourned date, but,
subsequently. Therefore, the same was not
maintainable. He has placed reliance upon
judgement in...23.09.2016 was
the one to proceed ex parte against the defendant.
Under the circumstances, therefore and since the
application under Order 9 Rule 7 CPC, has been
allowed with costs to compensate...
...08.09.2016 was fixed for delivery of the judgment. Later, the day, after conclusion of arguments, the defendant filed the application under Order 9, Rule 7 CPC (Paper No.36...that the Court below has wrongly and illegally allowed the application, under Order 9, Rule 7 CPC, without recording any finding as to the sufficiency of the cause shown for...Order 9, Rule 7 CPC was filed immediately after acquiring knowledge of the pendency of the proceedings. The suit had been filed at Kanpur, while he is resides and carries on...
...dated 05.02.2019 i.e. Annex.4 be set aside.b) by an appropriate writ, order or direction, the application under Order 9 Rule 7 CPC alongwith limitation...application be allowed.”2. The limited bone of contention in the matter is that the petitioner moved an application under Order 9 Rule 7 of CPC against the ex-part...proceedings initiated against her on 08.9.2016. The application under Order 9 Rule 7 of CPC was dismissed on 05.2.2019 stating that no sufficient reason is mentioned in the...
...(1) BY this petition, the petitioner has challenged an order dated 7th August, 2008 passed by learned ADJ dismissing an application of the petitioner under Order 9 Rule 7 ...filing application under Order 9 Rule 7 CPC hence the application filed by the petitioner was within time limit. It was pleaded that petitioner could not come to know about...added)
(4) THE limitation for moving an application under Order 9 Rule 7 CPC is prescribed in the provision itself. Order ...
...taken up for admission, this court after perusing the record (available at page 82 of the trial court file) found that an application under Order 9 Rule 7 CPC read with Section 151 CPC was filed b...record reveals that application filed under Order 9 Rule 7 CPC never came to be decided because though there is a copy of order on record, but same is not signed and as such, this Court without go...the merits of the case deems it fit to remand the case back to the learned trial Court with the direction to decide the application filed by the defendant under Order 9 Rule 7 CPC, praying therein to...
...Sanjay K. Agrawal, J.:— By the impugned order dated 06.07.2017, the trial Court has allowed the application filed by the defendant/State under Order 9 Rule 7 of ...under Order 9 Rule 7 CPC has been allowed.3. On the other hand, learned State counsel would support the impugned order of the trial Court.4...established by the defendant/State to set aside the ex-parte order. It is neither perverse nor contrary to record. I do not find any good ground to entertain the writ petition.6. Accordingly, the writ petition deserves to be a...
...defendants-respondents (hereinafter 'the defendants') under Order 9 Rule 7 CPC even though arguments in the matter had been concluded.
Mr. Deshraj Kalwania.... [AIR 1964 SC 993] wherein it has been held that where the matter was adjourned for pronouncement of judgment, an application under Order 9 Rule 7 CPC could...however made clear that the respondents-defendants would be free to move an application under Order 9 Rule 13 CPC for reasons of an ex-parte decree being passed against...
...Order 9 Rule 7 CPC with a finding that there was no sufficient ground for setting aside the ex parte proceedings and also that the application was barred by limitation. On the ba...appellant's application under Order 9 Rule 7 CPC Mr. Battas contended that a perusal of the order sheet would show that the case had all along been hotly contested. He e...husband, on the other hand, is that admittedly the application under Order 9 Rule 7 CPC was made after the adjourned date and, in any case, it was made after the expiry of...
...filed an application under Order 9 Rule 7 CPC seeking setting aside of the ex parte proceedings. On 6-9-1993 the case came to be transferred to another court under the administrative orders of the...application under Order 9 Rule 7 CPC was liable to be dismissed. It was dismissed accordingly. The plaintiff examined three witnesses in ex parte evidence including himself and his vendor. Though such ex...highly belated, and that too in the background of the event that his application under Order 9 Rule 7 CPC was rejected up to the High Court and his counter-claim was not taken on record, the court, by...
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...Order 9, Rule 7 CPC. It is only when the case was adjourned on 11.11.2014, then in the meantime, on 14.11.2014, he moved an application for recalling the order dated 20....court below has illegally ignored it. The application under Order 9, Rule 7 CPC was not maintainable, in as much as, the defendant appeared on 11.11.2014 and did not move any...application under Order 9, Rule 7 CPC, therefore, he was not entitled to move an application on 14.11.2014. These grounds were specifically raised before the court below, but...
...order dated 17.08.2012 passed by the Additional District and Sessions Judge (Fast Track) No. 5, Jaipur Metropolitan, Jaipur wherein on an application under Order 9 Rule 7 ...-parte order dated 23.09.1997, the respondents-defendants Nos. 4 & 5 moved an application under Order 9 Rule 7 CPC before the trial court. That application was allowed o...an application under Order 9 Rule 7 CPC stating that he came to know about the partition suit and the ex-parte order dated 23.09.1997 from the respondent No. 5 only on...