What is order 9 rule 13 allowed?
Asked by: Ali Quigley | Last update: September 24, 2025Score: 4.9/5 (62 votes)
Order 9 Rule 13 provides a remedy for the defendant to apply to set aside the ex- parte decree which was passed due to the non-appearance of the defendant in the civil. suit. The court only sets aside the ex-decree when the defendant presents a satisfactory. reason in court or the summons is not served well.
What does order 9 Rule 13 C.P.C. allowed?
“When an ex parte decree is passed, the defendant (apart from filing a review petition and a suit for setting aside the ex parte decree on the ground of fraud) has two clear options, one, to file an appeal and another to file an application for setting aside the order in terms of Order IX Rule 13 of the Code.
What is Rule 13 of federal rules?
Rule 13(a) is a compulsory rule that requires a defendant to bring a counterclaim for any matter that “arises out of the transaction or occurrence that is the subject matter of the opposing party's (i.e., the whistleblower's) claim.”
What is the rule 13 of the Civil Procedure?
For more information, please contact law-library@luc.edu. Under Rule 13(a) of the Federal Rules of Civil Procedure, a counterclaim is compulsory if it arises from the same transaction or occurrence comprising the subject matter of the original claim.
What is the order 13 rule?
Under Order 13, rule 1, the parties or their pleaders must produce "at the first hearing" the documentary evidence on which they intend to rely and which is in their possession or power and which has not already been filed in court, as also all documents which the court has ordered to be produced.
Setting Aside of Ex-Parte Decree (Order 9, Rule 13 CPC) | Landmark Judgment 2024 | Vasu Dev Monga
What is the criminal rule 13?
Joint Trial of Separate Cases. The court may order that separate cases be tried together as though brought in a single indictment or information if all offenses and all defendants could have been joined in a single indictment or information.
What is the 13 US rule?
What is the 13 microsecond rule? For every 13 microseconds of go-return time, the reflector is 1 cm deeper in the body. Since a pulse travels to a reflector and back to the transducer, the total distance that a pulse wave travels is twice the reflector deep.
What is the rule 9 in Civil Procedure?
In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.
What is Mass Rules of Civil Procedure 13?
Rule 13(i) authorizes the court to order separate trials (Rule 42) and to enter separate judgment on a cross-claim or a counterclaim (Rule 54(b)). Rule 13(i), like earlier Massachusetts practice, Bordonaro v. Vandenkerckhaven, 322 Mass.
Are permissive counterclaims allowed?
Permissive Counterclaims: A claim that does not arise out of the transaction or occurrence that is the subject matter of the opposing party's claim may still be brought as a counterclaim but is not required. These are permissive counterclaims.
What is federal rule of appellate procedure 13?
If one party files a timely notice of appeal, any other party may file a notice of appeal within 120 days after the Tax Court's decision is entered.
What is the difference between a counterclaim and a crossclaim?
The main difference between a counterclaim and a crossclaim is who is counter-sued. A counterclaim is brought by a defendant against the opposite party, the plaintiff. A crossclaim is a claim by either a plaintiff against another plaintiff or a defendant against another defendant.
What is Rule 13 d1b?
Rule 13d-1(b) is the “Institutional Investor” exemption and provides that certain Institutional Investors (defined below) that acquire securities in the ordinary course of its business and not with the purpose nor with the effect of changing or influencing the control of the issuer (nor in connection with or as a ...
What is order 9?
Order 9 Rule 13 provides a remedy for the defendant to apply to set aside the ex- parte decree which was passed due to the non-appearance of the defendant in the civil. suit. The court only sets aside the ex-decree when the defendant presents a satisfactory. reason in court or the summons is not served well.
What is a Rule 9 claim?
”Rule 9” is the common industry term for ECCHO Forged and Counterfeit Warranties in which a Depositary bank warrants to the Paying bank that (i) the signature of the purported drawer is not forged or otherwise unauthorized, and (ii) the related physical check is not counterfeit.
What does court of general jurisdiction mean?
Courts of general jurisdiction are granted authority to hear and decide all issues that are brought before them. These are courts that normally hear all major civil or criminal cases. These courts are known by a variety of names, such as: Superior Courts.
What is the rule 13 of Civil Procedure?
Civ. P. 13(a)(1)–(a)(1)(A) (“A pleading must state as a counterclaim any claim that—at the time of its service—the pleader has against an opposing party if the claim: (A) arises out of the transaction or occurrence that is the subject matter of the opposing party's claim . . . .” (emphasis added)).
What is the criminal procedure rule 13 in Massachusetts?
All defenses available to a defendant by plea, other than not guilty, shall only be raised by a motion to dismiss or by a motion to grant appropriate relief.
What is the rule of Civil Procedure 9 in Massachusetts?
Rule 9(a), which abolishes any requirement that the pleadings aver the legal existence of a party or the capacity or authority of a party to sue or be sued, is based upon the assumption that in most cases the capacity, authority or legal existence of a party is not in issue; thus the pleadings should not be cluttered ...
What is the answer to Rule 9?
To pass Rule 9, you need to enter Roman numerals that multiply to equal 35. Luckily, there are only two ways to multiply to 35: 5x7 or 1x35.
What needs to be accomplished during a discovery?
Discovery is how you gather the evidence you will need to prove your case as plaintiff, or defeat the plaintiff's case as a defendant. You use discovery to find out things like: What the other side plans to say about an issue in your case. What facts or witnesses support their side.
What is Rule 9 1 of AP Civil Services Conduct Rules 1964?
9(1) No Government employee shall, except after previous intimation to Government, acquire or dispose of or permit any member of his family to acquire or dispose of, any immovable property by exchange, purchase, sale, gift or otherwise either by himself or through others.
What is the 13 law?
Amendment Thirteen to the Constitution – the first of the three Reconstruction Amendments – was ratified on December 6, 1865. It forbids chattel slavery across the United States and in every territory under its control, except as a criminal punishment.
What is title 13?
People sworn to uphold Title 13 are legally required to maintain the confidentiality of your data. Every person with access to your data is sworn for life to protect your information and understands that the penalties for violating this law are applicable for a lifetime. Violating the law is a serious federal crime.
What is the rule 13 of the Supreme court?
Unless otherwise provided by law, a petition for a writ of certiorari to review a judgment in any case, civil or criminal, entered by a state court of last resort or a United States court of appeals (including the United States Court of Appeals for the Armed Forces) is timely when it is filed with the Clerk of this ...