...ground that the court was otherwise engaged and as such there was no sufficient time to take up the suit on 25th November 1975; the provisions of Rule 3 of Order 17 of the Code of Civil Procedure...parties for adducing evidence and it was adjourned by the Court, as it was otherwise engaged. Therefore, the provisions of Rule 3 of Order 17 of the C.P Code were not...attracted to the facts of the present case. Therefore, the contention that the order dismissing the suit for non-prosecution should be read as the one falling under Rule 3 of Order 17 of...

...suit could only be in the circumstances under Order 17, Rule 3, C.P Code. In this case, the plaintiffs counsel reported no instructions because the application for transfer...regard, the learned Senior Counsel appearing for the 1st respondent/D1 submitted that the nature of the order passed by the learned Single Judge would fall under Order 17 Rule 3 of...of the application.13. But, by way of reply, the learned counsel appearing for the applicants/plaintiffs invited the attention of this Court to Order 17 Rule 3 of...

..., Rule 17 of the C.P Code.3. As it appears from the impugned order, an application was filed by defendant No. 1.appellant during the pendency of the appeal, for amendment of...appeal and simultaneously rejected the prayer for amendment of the written statement as stated above.5. As per the terms of Order 6, Rule 17, CPC either party...simultaneously rejected the prayer for amendment of the written statement, in considering an application filed by the defendant No. 1.petitioner under Order 41, Rule 5 read with Order 6...

...9, Rule 13 C.P..C. is maintainable. (8) There cannot be any doubt that in order to attract the provisions of Order 17, Rule ...also on the ground that the decree passed on 2-1-1960 falls under Order 17, Rule 3 C.P.C. and as such no application under Order 9, Rule 13 C.P.C...judgment of the 2nd January 1960, fell under Order 17, Rule 3 C.P.C. and as such, no application under Order 9, Rule 13 C.P.C. was maintainab...

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...identity of other owners, is not located, service shall be effected by affixing Notice on the structures, by way of substitute service, as per the provisions of Order-5, Rule 17, of the C.P Code...properties of some of the Respondents, is yet to be located. She states that appropriate order will be passed by the GCZMA within period of three (3) weeks. We deem it proper to direct that in case of...after three (3) weeks, we will be constrained to pass not only ad-interim order in the matter, but may be certain disparaging remarks against the Authority or may...

...Order 17, Rule 3, Civil Procedure Code, and consequently the provisions of Order 9, Rule 9...appearance by or on behalf of Som Krishan respondent. Panna Lal's case is based on the explanation where the scope of Rule 2, Order 17, C.P Code, had been extended and appearance of a cou...two rules Rule 2 or 3 of Order 17 should be applied. Some High Courts hold that in such cases the Court should proceed under Rule 2 while others take the view that the Court...

...contesting parties. The application for substitution filed by Arpita Panja Mitra U/order 22 Rule 3 of C.P. C. is taken up for hearing. Perused the death certificate... Complaint Case No. CC/17/2019 1. LIPIKA PANJA ULLHAS MINI TOWNSHIP, FIRST AVE, 2ND STREET, BURDWAN, P.O. & P.S... 3. ORIENTAL BANK OF COMMERCE GURGAON GURUGRAM HARYANA 4. BRANCH MANAGER, OBC BANK, BURDWAN...

...to know about the ex parte decree, the petitioner filed a Misc. Case being No. 17 of 2015 under Order IX Rule 13 of the C.P Code on 19.11.2015 Simultaneously, the petitioner.... Case No. 17 of 2015 with a prayer for dismissal of the misc. case on the ground of its maintainability and the misc. case under Order IX Rule 13 of the C.P Code was...for setting aside the ex parte decree in accordance with law that is the provision under Order IX Rule 13 of the C.P Code. The Misc. Case No. 17 of 2015 was taken up for...

..., 1985 read with Rule 17 of the Central Administrative Tribunal (Procedure) Rules, 1987 read with Order 47 Rule-1 of the Code of Civil Procedure has been filed for recalling of the order dated 16.07.2025 p...subsistence allowance as directed by this Tribunal and as such, order dated 16.07.2025 passed in C.P. No.171/2024 may kindly be recalled. 4. It appears that order of this Tribunal dated...Himanshu Badoni, Divisional Railway Manager, North Central Railway, Prayagraj Division, Prayagraj 3. Anil Kumar Singh, Senior Divisional & Signal Telecommunication Engineer, North...

...relieF was amended.The petitioner/plaintiff has filed I.A.No.B00 of 2017 under Order I Rule 7O (2) rlw Order VI, Rule 17 of Civil Procedure Code with a prayer to add...under Arlicle 227 of the Constitution of lndia, aggrieved by the Order and decree dated 1210312020 passed in l.A. No. 800/2017 in O.S.No. 7212015 on the file of the Court of the Principal.... 3. Y.P.Reddy, S/o.Veera Reddy, Age. 55 yrs., Business, Clo. Medinova Hospital, Quest Diagnostic Centre,Near Congress Bhavan, Wyra Road, Khammam town and District. 4...

...produce his evidence. We defaulted on 1. 7. 1981 Therefore, notwithstanding such default, the learned District Judge proceeded under Order 17, Rule 9, C. P. C, as envisaged under ...case on the ground of the lawyer being engaged in another Court being statutorily prohibited in Order 17, Rule 3, C. P. C, there was no scope for setting aside the ex parte...C. P. C. in 1976. Order 17, Rule 3, C. P. C, before amendment read as follows : "3. Court may proceed notwithstanding either party fails to produce evidence, etc...

...On receipt of such information the petitioner filed an application for adding the said transferee as a defendant in the suit and another application under Order 6 Rule 17 C.P Code praying...the said order.5. Now, while the first part of Rule 17 of Order 6 dealing with amendment in general vests the Court with discretion, the latter part dealing...A.K Bhattacharya, J.:— The hearing stems from an application filed by the petitioner praying for revision of the order being No. 46 dated 01.08.2002 passed by the learned Civil Judge (Sr...

...application under order 6 Rule 17 of CPC and not order 1 Rule 10 CPC. 3. Again a mistake has taken place in order dated 7.5.13 in mentioning the date o...Consumer Dispute Redressal Forum (North-West), Shalimar Bagh, New Delhi in CC No.1687/07, dismissing the application under Order 6 Rule 17 of CPC for amendment of complaint moved by the complainant...under order 6 rule 17 CPC. It has been mentioned as 28.3.13 instead of 28.3.12. We have taken the date from the copy of application under order 6 rule 17 of CPC available on appeal file. In fact t...

...Section 3(b)(iv) and Section 18 of the said Act or examining the nature of the notification dated 17-3-1989 simply set aside that notification on the ground that the respondent No. 4-State had not filed any written statemen...1991 decreeing- the suit ex parte under Order VIII Rule 10 of the- Civil Procedure Code and thereby declaring the Notification dated 17-3-1989 issued by the Ministry of...reasons for such decision, as required by Order XX Rule 4 of the Civil Procedure Code. The Court did not apply its and to provisions of Section 3(b) and Section 18 of the said...

...Order 7 Rule 11 of C.P. Code and in consequence was right in rejecting the plaint? 2. Facts in brief are these. 3. Plaintiff is a limited Company...application dated 28.10.1984 (IA-3) under Order 7 Rule 11(d) of C.P. Code. It was at the outset pointed out that defendants have already filed a suit being...order, the learned trial Judge allowed the application made by defendants (IA-3) and in consequence rejected the plaint by invoking the provisions of Order 7 Rule 11 of C.P. Code...

... 3. N.Balasubramanian C.P. No.913/2003 4. S.Chinnammal C.P. No.914/2003 5. N.Jothimani C.P. No.915/2003 6. P.R.Lakshmi C.P. No.916/20....921/2003 12.R.Marudhachalam C.P. No.922/2003 13.R.Nanjukutty C.P. No.923/2003 14.T.Thamburaj C.P. No.924/2003 15.L.Rajammal C.P. No.925/2003 16.A.Rajendran C.P. No.926/2003 17.M.Sundaram ...its General Manager. ... Petitioner Vs. 1.The Presiding Officer, Labour Court, Coimbatore. 2. P.V.Gopal C.P. No.912/2003...

...directed to refund Rs 15,00,000/- (Rs Fifteen Lakh only) plus 3 penal interest at the rate of 18% as per Rule 17 of...Companies (Acceptance of Deposit) Rules, 2014 till the date of payment, within a period of 30 days from the date of this order. 10. In terms of the above, the C.P. No...): Mr. Ojaswa Pathak, Adv ] Petitioner ORDER Per: Cheekati Radha Krishna, Member Judicial...

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...Application has been filed by the respondents under Section 22 (3) (f) of the Administrative Tribunals Act, 1985 read with Rule 17 & 24 of the Central Administrative Tribunal (Procedure) Rules, 1987 for...reviewing the order dated 28.10.2021 passed by this Tribunal in C.P. No. 45/2017 (in OA No. 545/2003). 2. The review applicants/respondents are aggrieved by the order...dated 28.10.2021 passed by this Tribunal in C.P. No. 45/2017 (in OA No. 545/2003) whereby the respondents are required to carry out further exercise to modify the order dated 15.09.2021 to the extent...