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...application holding that since the evidence is already closed the application filed by the present appellants under order 9, rule 7 c. P. C. Is not maintainable. For thi...appellants under order 9, rule 7 c. P. C. Is maintainable or not. The proceedings of the trial court dated 22 - 9 - 1993 shows that the application und...order 9 rule 7 c. P. C. After evidence of the parties are closed is not maintainable as the hearing of the suit is already complete and the matter is r...
..., with the State of Bombay.
2. In revision, various contentions have been argued at length, namely, the provisions of Order 1, Rule 10, Order 9, Rule 6 .... Order 22, C. P. Code deals with death of parties and deals with cases where a plaintiff or one of the plaintiffs or a defendant or one of the defendants dies. It is provided in...Order 22, Rule 11 as under:
"In the application of this Order to appeals, so far as may be, the word 'plaintiff shall be...
...suspension. In either event of the matter, the continued suspension of the petitioners is not warranted in law.4. Counsel for the State submitted that the initial order of suspension remains valid ti...departmental proceeding under Rule 9(1)(a) or Rule 9(3). The law postulates the time limitation un-der Rule 9(7) only in the specifie...effect from the date of custody. These orders were under Rule 9(1)(c) of the Bihar C.C.A Rules, 2005 (hereinafter called as ‘the Rules’). The provision contemplates suspension when a criminal offence is...
...provisions of Order 17, Rule 1(i)(c) or Order 9, Rule 7, Civil Procedure Code.
9. When the defendant does not show a good or .... In view of provisions of Order 9, Rule 7 if the defendant wants the adjournment of hearing of suit ex parte, he is obliged to assign good ground expl...good ground and his advocate was engaged in some other courts.
4. Countering to this, Shri R. C. Chazed submitted that in view of provisions of Order 17, Rule 1(...
...i. A. No. 573 of 1995 was filed by the first defendant under order 9, rule 7, c. P. C. Praying the court to set aside the order made on 8 - 3 - 1995 ag...already served on the first defendant and in fact, he had appointed a counsel also before 8 - 3 - 1995, therefore, the order, dated 8 - 3 - 1995 was obviously made under rule 6 (1) of order 9 of ...parte, without noting the presence of the counsel and his request in the order.
(9) In the light of what is stated supra, if the two affidavits are eschewed, there is nothing on record to show goo...
...that the hearing of the case had not been completed within the meaning of Order 9, Rule 7, C. P. C. and thus the ratio of the decision supra does not govern the case ...plaintiff, after the transfer of the case to the court of Sub-Judge, Ist Class (I), Shimla, for the purposes of Order 9, Rule 7, C. P. C. the hearing remained concluded ...under Order 9 Rule 7 of Code of Civil Procedure (CPC in short) read with Section 5 of Limitation Act for setting aside the ex-parte order dated 05.07.2022, after condoning the de...
...the record. So, on this basis, the learned Counsel for the defendant further pointed out that the hearing of the case had not been completed within the meaning of Order 9, Rule 7, C. P. ...the transfer of the case to the court of Sub-Judge, Ist Class (I), Shimla, for the purposes of Order 9, Rule 7, C. P. C. the hearing remained concluded and thus, the dis....
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aforesaid application was moved by the petitioner under Order 9 Rule 7 read with Section 151 of the Civil...
...provisions of Clause (a) are similar to Rules 6 & 7 of Order 39. The power conferred by Clause (b) is similar to the one found in Order 38, ...) could be traced to the various Clauses contained in sub-rule (1) of Rule 7 of Order 39. For the purpose of easy appreciation, the ...the Arbitration Act and the provisions of Order 39, Rule 7, are furnished in a Tabular form as follows:Provisions of Section 9(ii)(c)
Provisions...
...provide the reasons. No reasons were provided therefore petitioner filed this petition on or about 25/4/2002 which is less than 4 weeks of making the request.
2. By order dated 9/7/2002 ...reassessment was passed. Stay has been in force since then. Respondent has not filed any reply though respondent had appeared on 9/7/2002 when Rule was issued.
3. Since the entire basis...circumstances, we dispose the petition with the following order:
i) Petitioner shall serve upon respondents a copy of this order duly authenticated as true copy by the Associate of this...
...the following order.7. Rule.8. Interim order in terms of prayer (c).9. Amendment to be carried out within one week.10. However it i...Sessions Judge, Greater Mumbai, by order dated October 12, 1998.3. I find that at least four learned single judges of this court have taken the view that the criminal proceedings should...as early as possible and expeditiously.11. Liberty to mention after the appeals are decided. The respondent's advocate prays for stay of this order. Stay refused.12. Certified copy expedited....
....8. In the present case, no such direction has been issued by the learned trial Court, hence, provisions of Order 7 Rule 11(c) and Order 7 Rule ...Rule (11)(d) and (c) of CPC, praying for rejection of the plaint, has been dismissed.2. Rejection of plaint under Order 7 Rule 11 ...question of law and fact, the same can not be considered under Order 7 rule (11) of CPC. As regards plea pertaining to bar of Suit under Section 257(h)...
...not the subject matter of review order dated 20 - 9 - 62. Nevertheless, he maintains that under order 47, rule 7 c. P. C. The review order is ...- 60 and the present appeal has been filed on 12 - 12 - 62. His contention is that in this case the limitation will not run from 20 - 9 - 62 the date of review order, because in the review order the...order under sec. 40a of the jagir act.
On the other hand the learned government advocate has argued that the review order dated 20 - 9 - 62 is the final award and, therefore, the...
...released on bail in the month of July, 2007 an in view thereof, his suspension under Rule 9(2)(a) may not continue any longer, but his suspension under Rule 9(1)(c) does...9(1)(c) holds the field and is not rendered bad in law, rule 9(7) is of no help to the appellant. As a matter of...framing the departmental charges, that does not invalidate the order of suspension dated 4th April, 2007 which is founded in exercise of the power under Rule 9(1)(c) ...
...Controller has Jurisdiction to entertain and decide applications under Order 9, Rule 13, C. P. C.
7. Section 16 of the Act reads as follows...counsel for the opposite party on the contrary submitted that :
(i) the question of applicability of Order 9, Rule 13, C. P. C. to proceedings...incidental power for effective adjudication of the application under Order 9, Rule 13, C. P. C. to give relief to the parties but for which the application under...
...vs. Bank of india, holding that a combined reading of order 8 rule 9 and also order 6 rule 7 c. P. C. Makes it clear that additional ...the previous pleadings, cannot be permitted. It is further clarified that in view of the mandatory language used in order 6 rule 7 c. P. C. Prohibiting departure in plea...filed a written statement changing the pleas in the original statement, the action of the defendant was contrary to order 6 rule 7 c. P. C. And that the plaintiff has go...
...learned trial Court, it is clear that the learned trial Court had rightly referred to the provisions of Order 7 Rule 3, Rule 9 (ii) of Chapter 1-C, Vol...and nor it was accompanied by any map showing the exact location of the drain. These provisions of Order 7 Rule 3 and Rule 9 (ii) of Chapter 1-C, Vol. ...over old khasra No. 470 and also for permanent prohibitory injunction restraining the defendant No. 1 from raising any construction over it?9. On appraisal of the judgment passed by the...
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6. In view of the written instructions placed on record, taking the submissions of both the learned counsel into consideration and by following the order of this Court in Writ Pe...violation of Rule 9(1)(c)(ii), the order placing the petitioner's property in dispute register is hereby set-aside, declaring the action of the 4th respondent as illegal and arbitrary...competent to cancel the Pattadar Pass Book of the subject land. However, the authority should have given notice under Rule 9(1) (c) (ii) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Rules...
...application under Order 9 Rule 7 read with Section 151 of C.PC. for setting aside the order dated 06-08-2004 and permitted him to file written statement.
...by the defendant/petitioners under Order 9 Rule 7 of CYC. on payment of cost Rs. 100/ - but directed that the written...proviso of Order VIII Rule 1 of the CYC is directory in nature, hence power of court to extend time for filing the written statement beyond the time schedule is not...
....9. Order 7 Rule 11 (c) of the Code of Civil Procedure (in short - CPC) stipulates that the plaint shall be rejected where the plaint is written on insufficiently stamped p...dated 30.12.2002, as per requirement of Order 7 Rule 11 (c) CPC. Proviso to Order 7 Rule 11 (c) CPC prohibits granting of extension ...first date of hearing and thus, the plaintiff duly complied with the provision of Order 7 Rule 11 (c) CPC, and therefore, there was no occasion for rejecting the plaint ...
...1. A certificate under Article 133 of the Constitution was granted in the above appeal on 9-9-1955. Under Rule 7 of Order 45, Civi...) held that Rule 9 of the Privy Council Rules authorised the High Court to extend the period allowed for furnishing the security and making the deposit required by ...security amount, the relevant Rules are Rule 7 of Order 45, civil p. c. & rule 3, supreme court rules, 1950. order 45, rule 7, prescribes...