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...the plaintiffs requesting the Court to permit them to cross-examine the witness for the defendant. In the said application being moved under the provisions of Order 9, Rule 7 of ...for setting aside the ex-parte order, the learned Trial Judge came to the conclusion after hearing the parties that the provisions of Order 9, Rule 7 of C.P. Co...when the parties are negligent and provisions of law -- 5 -- or procedure does not support the contention raised by such party. According to him provisions of Order 9, Rule 7 ...
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ALLOW THE APPLICATION I.A.NO.12 UNDER ORDER 9 RULE 7 OF
C.P. CODE AND I.A. NO.13 UNDER ORDER 16 RULE 1, 6 AND 14 OF
...
The captioned writ petition is filed by defendant No.6 assailing the orders passed by learned Judge on I.A.No.XIII filed under Order IX Rule 7 R/w Sec.151 of The Code of Ci...(hereinafter referred to as 'CPC' for brevity) to the permit petitioner to lead further evidence and I.A.No.XII is filed under Order XVI Rule 1, 6 and 14 R/w Sec.151 of CPC to permit the petitioner to...
...under Rule 2.)12. It is better to read Rule 3 first.13. In conjunction with the above rules, he placed before us Order 9, Rule 6(1)(a) and Order 9, ...specifically for an ex parte hearing, when Order 9 Rule 7 will come into operation. But this is at the discretion of the Court and not a matter of compulsion. As such, t...summons duly served.— If it is not proved that the summons was duly served, the Court may make an order that the suit be heard ex parte;7. Procedure where defendant appears on day of...
.... In case, if no payment is made within the time fixed, the plaint will stand rejected within the meaning of Order 7, Rule 11 of C.P Code.9. Co. ...to pay advelorum Court fees on the plaint. The impugned order is passed on an application (IA No. 3) made by the defendant under Order 7, Rule 11 of C.P Code wherein pra...is a settled Rule of law relating to payment of Court fees that it is payable on the basis of averments made in the plaint and the relief claimed therein. In other words, in order to determine as to...
...litigation and therefore, rule of res judicata is not strictly applied though the very Court may reject the subsequent application as an abuse of the process of Court. The Apex Court has also referred to other inte...the trial Court has rejected the application at Exh. 105 for amendment of plaint filed by the plaintiff under Order 6 Rule 17 of C.P. Code on the ground that earlier...end to the litigation. The case of an application under Order IX Rule 7 would be an illustration of this type. If an application made under the provisions of that ...
...application under Order 7 Rule 11 of the C.P. C. only plaint averments needs to be looked into. Thus, this crucial aspects needs to be kept in mind while deciding this application. As per mandate ...rejected the application under Order VII Rule 11 of the Civil Procedure Code by order impugned. The consideration by the trial Court reads thus:-
9. While considering...to be rejected under Order 7 Rule 11 of the C. P. C. Thus, for the aforesaid reasons application deserves to be rejected. Hence, I proceed to pass following order."
8...
...taken up the point of limitation as additional ground for dismissing the Misc. case under Order 9 Rule 13 of the C.P Code and the said order of learned...Misc. Appeal No. 32 of 2001 arising out of order dated August 24, 2000 in Misc. Case No. 21 of 1992 under Order 9 Rule 13 of the Code of Civil Procedur...of the petition under Order 9 Rule 13 of the Code also considered the applications under...
...Civil Judge dismissed the application made by the plaintiff under Order 9 Rule 9 of the C.P. Code on the ground of delay in filing the application late by 5 yea...Civil Judge. The appellant therefore, filed an application under Order 9 Rule 9 to recall the order on 15.05.2012. Since there was delay of 5 years 7 months and...43 Rule 1 of the C.P. Code against an order dated 09.01.2014 passed by Civil Judge, Darrang, Mangaldoi, in Misc. (J) Case No. 32 of 2012.
3. By the impugned order, learne...
..., Order XXII Rules 4 and 9 of the C.P C' respectively'
8. Order IX Rule 7 of the CPC provides forthe procedure where the defendant appea..., namely, the wife, 2 daughters and 2 sons of the deceased defendant No. 1 1 , were allowed and the legal representatives were made parties under Order IX Rule 7 of the C.p.C, also for setting aside an ex...of the affidavit contains good grounds for the non-appearance of the defendant No. 11 on 12.lj,.2OIS and satisfies the condition of Order IX Rule 7 of the C.p.C.
...
..., Order XXII Rules 4 and 9 of the C.P C' respectively'
8. Order IX Rule 7 of the CPC provides forthe procedure where the defendant appea..., namely, the wife, 2 daughters and 2 sons of the deceased defendant No. 1 1 , were allowed and the legal representatives were made parties under Order IX Rule 7 of the C.p.C, also for setting aside an ex...of the affidavit contains good grounds for the non-appearance of the defendant No. 11 on 12.lj,.2OIS and satisfies the condition of Order IX Rule 7 of the C.p.C.
...
..., Order XXII Rules 4 and 9 of the C.P C' respectively'
8. Order IX Rule 7 of the CPC provides forthe procedure where the defendant appea..., namely, the wife, 2 daughters and 2 sons of the deceased defendant No. 1 1 , were allowed and the legal representatives were made parties under Order IX Rule 7 of the C.p.C, also for setting aside an ex...of the affidavit contains good grounds for the non-appearance of the defendant No. 11 on 12.lj,.2OIS and satisfies the condition of Order IX Rule 7 of the C.p.C.
...
..., Order XXII Rules 4 and 9 of the C.P C' respectively'
8. Order IX Rule 7 of the CPC provides forthe procedure where the defendant appea..., namely, the wife, 2 daughters and 2 sons of the deceased defendant No. 1 1 , were allowed and the legal representatives were made parties under Order IX Rule 7 of the C.p.C, also for setting aside an ex...of the affidavit contains good grounds for the non-appearance of the defendant No. 11 on 12.lj,.2OIS and satisfies the condition of Order IX Rule 7 of the C.p.C.
...
...-81 by Ranjit Das on behalf of the defendant under Order 9, Rule 13 C.P Code. In the said petition two things were principally alleged. The first plea was a plea of illn...petition under Order 9, Rule 13 it was alleged that earlier the defendant had drawn cheques in favour of the plaintiff during December, 1980, January and April, 1981 on the Indian...is borne out convincingly by reports published in National Dailies on the next day that is 7-7-81.4. We have gone through the order of Justice Mrs. Khastgir and we have no hesitation to...
..., defendant no. 1 died on 6.2.2004 leaving behind him the defendant no. 2 to 6 and 7 others. The petitioner filed an application under Order 22, Rule 4 read with Rule 9 and Section 151 ...22 Rule 4 C.P.C. are not justified and acceptable. Legal right can not be defeated on technical fault on the part of a party to the suit. In view of the facts above the order under...India is filed by Smt. Sabita Bandyopadhyaya and others chellanging the correctness, legality, propriety of the order no. 129 dated 12.6.2006 passed by Sri S. Seal, learned Civil Judge, Junior...
...rejected the said application by the order dated 9-7-1976 and held that the suit had abated against defendant-1. The plaintiff did not challenge by preferring an Appeal against the order dated 9-7...record but it failed in its efforts. The trial Court by its order dated 9-7-1976 rejected the application - I.A II filed by the plaintiff for bringing the L.Rs of deceased 1st defendant on record as barred by time ..., the provisions of sub-rule (3) of Rule 4 of Order 22 of the C.P Code would not have attracted. Therefore, the said Decision does not help the plainti...
...Rule 7 and not under Order 26 Rule 9, therefore, to my mind, a dispute of the present kind could only be a matter of local investigation under...Order 26 Rule 9 and not a matter of inspection as sought by way of present application.14. The provisions for inspection in Rule 7 has been ena...moved under Order 39 Rule 7, C.P C, which makes a provision for detention, preservation, inspection etc. of subject matter of the suit and says:“R-...
...years in filing the Petition by the second defendant under Order 9, Rule 7, C.P.C. This Court in Palani Nathan v. Devannai Ammal,
...difference in the rigors of Order 9, Rule 13, C.P.C., and the liberal constriction which is warranted under Order 9, Rule 7, C.P.C., It is a case where the proceedi...adjudication. But after the termination of the lis, the plaintiff or the defendant invokes the provision under Order 9, Rule 7 or Order 9, Rule 13, C.P.C., as th...
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..., contended that impugned order is bad in law and runs contrary to the principles of natural justice and mandate of Order 26 Rule 9 C.P.C6. Shri ...Commissioner submitted his report Annexure P-5. The order of court below to the extent application under Order 26 Rule 9 is allowed and the report of the Commissioner P-...when different stand of both the parties on facts are before the Court. The aforesaid key words of Order 26 Rule 9 CPC were not considered by the Court below. In absence ...
...set aside an ex-parte decree if it is found that the summons were not duly served on the defendant. The application of the defendant, therefore, under Order 9 Rule 13 of the Code...defendant never appeared and ultimately on 11-5-1967 the suit was decreed ex-parte against the defendant. On 30-5-1967 the defendant made an application under Or. 9, Rule 13 of the C.P...Rule 6 of Order 9 and the ex-parte decree passed subsequently ought to have been set aside on the finding that the summons were not duly served irrespective of the circumstance...