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.... 2 and it has been held that no appeal lies under clause 15 of the Letters Patent Appeal from an order made by the court under Order 9, Rule 8. ...9 set asides the order of dismissal. But an appeal lies if the Court refused to set aside the dismissal. The question is whether an appeal lies under clause 15 of ...the meaning of Cl. 15 of the Letters Patent. What the learned Judge did was to act under the provisions of Order 9, Rule 8....
...the representations filed shall be considered independently by the authorities and shall be disposed of in the light of the facts, record and the policy adopted by the State. ...
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persons, in case of five dealers, their quota was reduced.
3. Learned Counsel for the petitioners....
5. In the facts of the case, we observe that, in case, the petitioners make comprehensive representations within four weeks addressed to the Collector...
...mention here. The trial court framed several issues on merits arising in the case.9. The plaintiff (Respondent 1) then applied under Order 1 Rule ...above, the plaintiff had sought permission to prosecute the suit by taking recourse to the provisions of Order 1 Rule 8 of the Code. In other words, the plainti...a “representative suit” within the meaning of Order 1 Rule 8 and, therefore, applied to the trial court under Rule 8 of the Code seeking permission to prosecute...
..., there is no provision parallel to the provision contained in Order 9 Rule 9(1) CPC which contains a prohibition that if a suit is dismissed in default of the plaintiff under .... case (2000) 3 SCC 242)“16. This Rule [Rule 9(6) of the Tamil Nadu Consumer Protection Rules, 1988] is in identical terms with sub-...) of Rule 4 and sub-rule (8) of Rule 8. Under this sub-rule, the appeal filed before the State Commission against the order of ...
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...parallel to the provision contained in Order 9 Rule 9(1) CPC which contains a prohibition that if a suit is dismissed in default of the plaintiff under Order 9 ...proceed ex parte and shall decide the appeal ex parte on merits of the case.”16. This Rule is in identical terms with sub-rule (8) ..., in that situation, legitimately invoke the principles of Order 9 Rule 9 CPC.20. In the instant case, the vital fact of there ...
...prohibition that if a suit is dismissed in default of the plaintiff under Order 9 Rule 8, a second suit on the same cause of action would not lie. That be...Rule 8(8) of the Rules, a second complaint would not lie. Thus, there is no provision parallel to the provision contained in Order 9 Rule ...:
"This Rule [Rule 9(6) of the Tamil Nadu Consumer Protection Rules, 1988] is in identical terms with sub-rule (8) of ...
...earlier adopted the remedy of filing applications for setting aside the orders of dismissal for default would not affect the merits of the case.8...been decided on its merits. The objection of the respondent Counsel therein was that the petitioner has chosen to invoke the procedure permitted under Rule 9 ...order, but no fresh suit lies on the same cause of action as per Rule 9. As held by the learned single Judge in the Medam Sankaranaraya's case, referred supra, the appli...
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the case on merits, the Tribunal dismissed the case for default under Order IX Rule 8 observing that ...invoking the provisions of Order IX Rule 8 of the CPC is erroneous on record in view of the observation in the case of Bharatbhai Narsinghbhai...Law, made applicable to conduct the Motor Accident Claim petitions. Therefore, application for restoration, made under Order 9, Rule 4, in the instant case, is absolute, legal and sustainable, and...
...set aside. Exercise of deciding of the application of the petitioner afresh shall be completed by the respondent No. 2 as expeditiously as possible and preferably within a period of six w...appropriate directions to the authority. Following was laid down by the Court,“(1) Section 15 of the Act of 1969 read with Rule 11 of the State Rules, 2004 along ...support of case for correction of details.7.1 In order that the authority is enable to decide afresh, the impugned decision reflected in the communication dated 19.09.2015...
...respondents. In view of the fact that Rule 240 of the Motor Vehicles Rules, 1994 (henceforth 'the Rules') makes the provision of Order 9, ...passing of the order before the Claims Tribunal, it is not necessary to issue notice to them in this appeal. Respondent No. 3 could not support the dismissal on merits of the ...District Judge, Seoni. The Claims Tribunal shall issue notice to the respondent No. 1 afresh on merits of the case. In case, it may be that the appellants may not have included a...
...of action. The Apex Court held that the second complaint is not barred as there is no prohibition akin to the one to be found under Order 9, Rule 8 of ...9 empowers the authority under an order made under section 2, if the said order so provides to take or cause to be taken such steps as are necessary for securing compliance of such ...civil rights of parties and this is a necessary rule of procedure that power should vest during the proceedings before the Tribunal either to dismiss a case in default or to proceed ex parte, so a...
...dated 31.12.2014wherein and whereby the learned trial Judge dismissed the petition filed by the petitionersunder Order XXVI Rule 9 of Civil Procedure Code (in short 'CPC') for appointment...law and needs interference of this Court under Article 227 of Constitution of India?"
POINT:
8. Before going to the merits of...- commissioner to take measurements of property shown in the plaint plan in reference to their title deeds with the help of Mandal Surveyor.
2. The case ...
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(b) any order of dismissal for default...."
17. What is immediately apparent from the above provisions is that a dismissal, und...provisions of Order 9 Rule 9 Code of Civil Procedure (CPC) bar the present case. It is stated that the order dated CS (OS) No. 1964/1...the present suit is barred under Order IX Rule 9 Code of Civil Procedure Code?
2. Whether the present suit is not maintainable...
...the plaintiff is not an option with the Court under Order 9 Rule 8 of the Code of the Civil Procedure unless the defendant h..., which too can be dismissed only in default under Order 41 Rule 17 and not on merits. Explanation to Rule 17 of Order 41 makes that position ...Order 17 Rule 2 only in case substantial part of the...
...the case under Order 9, Rule 8 C.P.C. or under Order 17, Rule 2 C.P.C. Court below was neither expected nor competent to de...sustainable in the eyes of law?" 11. Before entering into merits of the issue, we would like to refer some relevant provisions of C.P.C. applicable to this case : ...no force in the contentions raised on behalf of appellants to the effect that Court below was not justified to decide the case on merits in absence of appellants and expected to pass ...
...is evident from the aforesaid Rules that the Court in the absence of the plaintiff could proceed to decide the suit or dismiss it under Order 9, Rule ...question that arises for determination is as to whether the order dated February 19, 1979 is under Order 17, Rule 3 or under Order 9, Rule ...such party were present.
4. Order 9 deals with consequences of non-appearance of either of the parties. Order 9, Rule ...
...that an appeal does lie. They pointed out that there is no reason to restrict an order under Order 9, Rule 9 to one passed on the merits. They referred to ...order under Rule 9 of Order 9 rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit. ...petition under Order 9, Rule 9 for default was not appealable. As no case of any other High Court in point was brought to the notice of the D...
.... In the cross-objections it is said that the suit of Amru was hit by Rule 9 of Order 9 of the Code. For the reasons given a...Rule 8 of Order 9 of the Code.
7a. On the pleadings of the parties the Court of first instance fix...that the order passed in the previous suit under Rule 8 of Order 9 of the Code does not bar the suit. In the result...
...trial Court was obliged to dismiss the suit in terms of the provisions contained in Order 9, Rule 8 of Civil Procedure Code and was not required to decide it on merits....in passing an order invoking the provisions under Order 17, Rule 2, Civil Procedure Code, rather dismissing it in terms of the provisions contained in Order 9, Rule ...contained in Order 9, Rule 8 of Civil Procedure Code. Though, no assistance has been extended by Shri Pawan Vijayvargiya, who had sought time to bring some case law on the subject on 25-1...