...to the order dated 11.10.2012. It is only the order of rejection of the application filed under Order 22 Rule 9 of CPC, is c...Order 22 Rule 9 of Civil Procedure Code, 1908 [CPC, for short] to close the revision petitions on 14.03.2013 as a...application under Order 22 Rule 9 of CPC, which came to be allowed, whereas in Revision Petition No.237/1999, the same came to be dismissed. The incongruous orders passe...

...reviewing and recalling the order dated 30.05.2014 and rejection of the application under Order 22 Rule 9 of the CPC and application under...and set aside.(iii) by an appropriate writ, order or direction, the application under Order 22 Rule 9 of the CPC for setting aside the abatement ...direction, the order dated 30.05.2014 (Annex-4) passed by the ADJ No. 2 dismissing the application under Order 22 Rule 4 of the CPC may kindly be declared illegal and be...

...as, the appellate court did not adjudicate the lis determining the rights of the parties conclusively, rather, the appeal was dismissed as having been abated upon rejection of an application under order 22...similar situation where, the first appeal was dismissed as having been abated, upon rejection of the application for setting aside abatement under order 22, rule 9, CPC, held as under..., and the order impugned is also excluded from the definition of decree, no second appeal shall lie against the impugned order of dismissal of the first appeal as having abated as a consequence of...

...conclusively, rather, the appeal was dismissed as having been abated upon rejection of an application under Order 22 Rule 9 of CPC. Two appellants i.e. appellant Nos. 1 and 3 and...Madan Nayak (supra), relied by the learned counsel for the respondents, in a similar situation where, the first appeal was dismissed as having been abated, upon rejection of the application for setting aside abatement under ...excluded from the definition of decree, no second appeal shall lie against the impugned order of dismissal of the first appeal as having abated as a consequence of rejection of the applic...

...the CPC is attracted and the appeal filed before the First Appellate Court against the rejection of application under Order 22 Rule 9(2) of the ...Order 22 Rule 3 and Order 22 Rule 9 of the CPC before the trial Court on 05-05-2009 inter-alia stating that he was not aware of the s...and others 2 has also considered the issue and held that an order under Order 22 Rule 9(2) of the CPC refusing to set aside the abatement is appealable unde...

Can't display summary as content is Scanned, Please open the judgment to see full content.

...the said suit, in addition to filing the written statement, the respondent-defendant filed I.A.No.3 under Order VII Rule 11(a & d) of CPC seeking rejection of the plaint on the ground that the...respondent/defendant to seek rejection of the plaint in the present suit, inter alia contending that the same was barred under Order 22 Rule 9(1) of CPC. ...recurring cause of action and the preset suit for permanent injunction simpliciter filed in 2019 cannot be said to be barred under Order 22 Rule 9(1) of CPC, especially, when the appellan...

...setting aside of the abatement as the said fact has not disputed by the counsel for the respondents/plaintiffs, the rejection of the said application by the Lower Appellate Court merely on the ground that application under ...representatives of deceased defendant No. 3-Anandram merely on the ground of non filing separate application under Order 22 Rule 9 of CPC for setting a...condonation of delay, but in fact the same was an composite application under Order 22 Rule 9 of CPC for setting aside abatement and for condonation of...

..., the trial Court has declined to allow the application under Order 22 Rule 9 Code of Civil Procedure, 19208, for setting aside the abatement of suit so far as it relate...Article 227 of the Constitution of India and submits that the application under Order 22 Rule 9...Order 43 (1) (k) CPC justify the preliminary objection raised on behalf of respondents. The said provision envisages- (k)- an order under rule 9 ...

... 1 of 9 the respondents-defendants (hereinafter referred as "defendants) appeared and filed two applications i.e. one application dated 07.03.2019 (An...plaint on the ground that appropriate court fee has not been affixed by the plaintiff at the time of presentation of plaint. Vide order dated 06.01.2020, said prayer of defendants was allowed...; Ex.D13-Mutation No.584, dated 27.06.2023. 3. After appreciating the evidence, learned trial Court, vide order dated 25.10.2023, assessed the market value of the suit...

...defendant No. 3, this Court is of the considered opinion that the suit was dismissed under Order 9 Rule 2 of CPC. Respondent / plaintiff had rightly filed the application under Order ...can be considered as an application filed under Order 9 Rule 9 CPC and, therefore, appeal filed by the respondent / plaintiff against the rejection of his application for restoration ...appears that after 10 years, respondent / plaintiff filed an application under Order 9 Rule 4 CPC along with Section 5 of the Limitation Act. The application filed under Section 5 of Limitation Ac...

...22 Rule 4 CPC, application under Section 5 of the Limitation Act and application under Section 22 Rule 9 CPC. As a consequence of ...Limitation Act is also filed. As the appeal was abated, an application under Order 22 Rule 9 CPC was also filed for setting aside abatement of appeal. The learned Ap...long years. There is no plausible explanation for delay of more than two years in laying application under Order 22 Rule 9 CPC. It is also noteworthy that petitioner has...

.... 10,01,036.00.9.3 In MFA No. 2098/1992, Compair has filed cross objections under Order 41 Rule 22 of CPC in so far as rejection of its claims ...or till date of payment whichever is earlier. Feeling aggrieved by the rejection of its claim Nos. 9 & 10 (for Rs. 19,39,666.67 & Rs. 20,10,500.00) and aggrieved by the grant of HAL s claim for Rs...order dated 23-7-1992, dismissed both the petitions in A.C NOS. 2 & 6 of 1992 and directed that the award of the Arbitrator be made a rule of the Court and a decree be drawn up in terms of the sai...

...plaintiffs-opposite parties.2. The present application is directed against order dated 22-9-2005 passed by the learned Subordinate Judge I, Bettiah in Partition Suit No. 73 of 2004 by which he has rej...Order VII Rule 11 of CPC for rejecting the plaint as it disclosed no fresh cause of action and was barred in terms of Order IX Rules 8 and ...Order IX Rules 8 and 9 of CPC, clearly the present suit was barred and the plaint ought to have been rejected in terms of Order VII Rule 11(a) and (d) ...

...and therefore are not binding on the plaintiff.”4. The appellant filed an application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (for short “CPC...”) in the suits praying the court to dismiss the suits on the ground stated therein. Before us, it is stated that the plaint is liable to be rejected under clauses (a) and (d) of Rule 11 of Order 7 CPC...very nature of the relief claimed by the plaintiffs, the plaints are liable to be rejected under Order 7 Rule 11 CPC and that the Court ought to have considered the said application on merits instead...

..., under Order 7 Rule 11 CPC by way of a counter-affidavit. It appears that the Court declined to consider the same on the ground that there was no formal application and hence proceeded with the trial. At...:“9. … a direction to file the written statement without deciding the application under Order 7 Rule 11 cannot but be a procedural irregularity touching the exercise of jurisdiction....”However, we may hasten to add that the liberty to file an application for rejection under Order 7 Rule 11 CPC cannot be made as a ruse for retrieving the lost...

....57 of 2007. The submission is that the inquiry made by the first appellate court while exercising its power under Order 22 Rule 5 CPC proceeded on wrong assumption and while passing the order ...of Order 22 Rule 5 CPC or the first appellate court had exceeded in its jurisdiction in passing the rejection order dated 25.10.2018 is not a subject matter of consideration in t...be strictly confined to the scope and ambit of Order 47 Rule 1 CPC. Relevant paragraph 22 and 23 is quoted hereunder: 22) It has been time and again held tha...

...of Order 18 Rule 17 CPC were very wide and could be made at any stage to enable the court to do complete justice between the parties.9. For the sake of reference, the...trial court in rejecting an application under Order 18 Rule 17 CPC can be said to be moonshine, flimsy or irrational, the rejection of the application cannot be dubbed as suggestive of non-judicia...attorney by the appellant and the other heirs of deceased Vadiraj Naggappa Vernekar and as required under Order 17 Rule 4 CPC (sic Order 18 Rule 4), his evidence by way of an affidavit wa...

...considering Order 7 Rule 11 of the Code, it was held as under:“9. A perusal of Order 7 Rule 11 CPC makes it clear that the relevant facts w...No. 3560 of 2005 under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (for short “the Code”) praying for rejection of the plaint. On 18-1-2006, the respondent-plaintiff filed Applic...said decision?10. Since the appellant herein, as the first defendant before the trial Judge, filed application under Order 7 Rule 11 of the Code for rejection of...

...all, and the suit as a whole must then proceed to trial.9. If only a portion of the plaint, as opposed to the plaint as a whole is to be struck out, Order 6 Rule 16 CPC...a whole or not at all, and he has relied on a statement of the law given in Mulla's Civil Procedure Code at p. 612 where it is stated: “This rule (Order 7 Rule 11) does not justify the rejection ...non-payment of TDS.”2. An application dated 8-7-2016 was filed by the defendant(s) under Order 7 Rule 11 stating that the plaint disclosed no cause of action. By...