What is order 8 rule 9?
Asked by: Destany Veum | Last update: August 1, 2023Score: 4.8/5 (52 votes)
Under Order VIII Rule 9, the Court has power to call upon both parties to file written statements at any time and this power should be freely used for elucidating the pleas when necessary, especially in complicated cases.
What is rule 9 of order?
Rule 9 Order 9 of the CPC provides for restoration of the suit dismissed under Rule 8 for non-appearance. The Rule mandates that where a suit is dismissed under Rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action.
What is the order 8 rule?
Order VIII Rule 1 lays down the period within which the defendant must file a written statement. The written statement should be filed by the defendant within thirty days from the day when the summons was served to him.
What is under order 7 rule 9?
Under Order 7, rule 9, the plaintiff is to endorse on the plaint, etc. a list of documents and (on the plaint being admitted), he shall furnish the necessary number of copies of the plaint or (if so permitted) concise statement of the plaint.
What is under order 8 rule 10?
Rule 10 provision permits the Court to either pronounce the judgement against the Defendant upon failure to file the written statement or, pass any order it deems fit in relation to the suit. Thus, there is no restriction in Order VIII Rule 10 that after expiry of 90 days, further time cannot be granted.
🤩😇Order-VIII | Subsequent Pleadings | Rule-9 | Civil Procedure Code,1908 | CPC | Law
What is order 9 rule 13?
"Order 9 Rule 13 CPC The aforesaid provisions read as under: "Setting aside decree ex-parte against defendant In any case in which a decree is passed ex-parte against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside; and if he satisfies the Court that the summons was ...
What is under order 7 rule 10?
According to Order VII Rule 10, a Plaint can be returned to a court of competent jurisdiction at any stage of the case if there is a defect in the jurisdiction. Whereas, Section 24(5) empowers the District Court and High Court to transfer any case due to lack of jurisdiction.
What is under order 9 rule 5?
Order 9 Rule 5-Code of Civil Procedure, 1908. (c) there is any other sufficient cause of extending the time, in which case the court may extend the time for making such application for such period as it thinks fit. (2) In such case the plaintiff may (subject to the law of limitation) bring a fresh suit.
What is under order 9 rule 6?
(a) Default by defendants:- Order IX, Rule 6, provides that, if on the day fixed in the summons for the defendant to appear, and answer, the plaintiff appears and the defendant does not appear, and it is proved that the summons was duly served in sufficient time to enable the defendant to appear and answer on the day ...
What is under order 9 rule 4?
Order 9, Rule 4 enacts that where a suit is dismissed under Rule 2 or Rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit; or he may apply for an order to set the dismissal aside and if he satisfies the Court that there was sufficient cause for his not paying the Court fee and postal charges ...
What is order 8 rule 1?
Order VIII Rule 1 Written Statement:
Once the writ of summons is served to the defendant, he should take necessary steps for drafting his defense along with all the documents that he relies on, in his defense and he should file the same in the court before completion of 30 days or as soon as possible in that period.
What is Order 8 Rule 6A?
Rule 6A provides that the defendant can file the counter claim before he delivers his defence, or before the time to deliver his defence expires. Rule 6A (4) provides that a counter claim can be treated as a plaint and will be governed by rules applicable to plaints.
What is the order 6 rule 17?
Order 6 Rule 17 CPC allows for the amendment of pleadings. This provision grants the court the power to allow parties to modify or alter their pleadings, including the plaint or written statement, at any stage of the proceedings.
What is rule 9?
9 (also simply Rule 9) was a city ordinance in Los Angeles, California, which made it illegal for performers to "impersonate by means of costume or dress a person of the opposite sex" without a special permit from the Los Angeles Board of Police Commissioners.
What is the Federal rule 9?
(a) CAPACITY OR AUTHORITY TO SUE; LEGAL EXISTENCE. (C) the legal existence of an organized association of persons that is made a party. must do so by a specific denial, which must state any supporting facts that are peculiarly within the party's knowledge.
What is order 9 rule 11?
While Rule 11 provides that when one or more of the several defendants do not appear then the suit shall proceed, and the court shall, at the time of pronouncing judgement, make such order as it thinks fit with respect to the defendants who did not appear.
What is under order 9 rule 9?
Decree against plaintiff by default bars fresh suit. (1) Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action.
What is under order 7 rule?
Rule 7 of Order VII of the CPC requires that a plaint needs to contain the relief that the plaintiff claims. It can be anything, i.e., damages, an injunction, declaration, appointment of a receiver, etc.
What does Rule 6 mean?
You have to tell me: what is Rule #6?" And he smiles and says, "Rule #6 is really simple. It is: don't take yourself so goddamn seriously." And the other prime minister says, "Wow, what are the other five rules?" and he says, "There are none.
What is under order 9 rule 2?
(2) Where it is owing to the plaintiff's default that the summons was not duly served or was not served in sufficient time, the Court shall order the plaintiff to pay the costs occasioned by the postponement.
What is order 1 rule 9?
No suit shall be defeated by reason of the mis-joinder or non-joinder of parties, and the Court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it: Provided that nothing in this rule shall apply to non-joinder of a necessary party.
What is Rule 6 Order 16?
- Any person may be summoned to produce a document, without being summoned to give evidence; and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same."
What is under order 7 rule 14?
14. Production of document on which plaintiff sues. -- (1) Where a plaintiff sues upon a document in his possession or power, he shall produce it in Court when the plaint is presented, and shall at the same time deliver the document or a copy thereof to be filed with the plaint.
What is under order 7 rule 3?
Where the subject-matter of the suit is immovable property, the plaint shall contain a description of the property sufficient to identify it, and, in case such property can be identified by boundaries or numbers in a record of settlement or survey, the plaint shall specify such boundaries or numbers.
What is under order 1 rule 10?
Order 1 Rule 10 of Code of Civil Procedure (herein after referred as C.P.C.,) enables the court to add any person as party at any stage of the proceedings, if the person whose presence before the court is necessary in order to enable the court effectively and completely adjudicate upon and settle all the questions ...