What is Order 9 Rule 13 of CPC?
Asked by: Jakayla Volkman I | Last update: October 3, 2023Score: 4.8/5 (39 votes)
If the plaintiff did not appear, he may apply to set aside the order of dismissal after the lawsuit has been dismissed.
What is the 9 rule 13 of CPC?
"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 the order 1 rule 10 of the CPC?
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 ...
What is Order 7 Rule 11 CPC?
Order 7 rule 11 Cause of Action
Therein, it has been stated that for the purpose of instituting a suit, the cause of action needs to be explicitly mentioned in the plaint. If it has not been mentioned, then the plaint will be rejected by the Court. It is the sole reason why a civil suit exists in the first place.
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.
Ex parte decree and its remedies || Order 9 rule 13 Set aside an ex parte decree ||
What is the rule 9 of order 7?
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 order 1 rule 8?
Order 1 Rule 8 applies only to representative suits when there are large number of persons having common interest in a suit. One or more of those persons with the permission of the court can sue or be sued or defend the suit on behalf of others also.
What is the order 2 rule 2 of the CPC?
The provisions of Order 2 Rule 2 indicate that if a plaintiff is entitled to several reliefs against the defendant in respect of the same cause of action, he cannot split up the claim so as to omit one part of the claim and sue for the other.
What is Order 39 Rule 10 CPC format?
Order 39 rule 10 provides that "Where the subject-matter of a suit is money or some other thing capable of delivery, and any party thereto admits that he holds such money or other thing as a trustee for another party, or that it belongs or is due to another party, the court may order the same to be deposited in court ...
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 the rule 20 of the FRCP?
All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action ...
What is a compulsory counterclaim?
Compulsory counterclaims are claims that arise out of the transaction or occurrence that is the subject matter of the opposing party's claim; and does not require the addition of another party over whom the court cannot acquire jurisdiction.
What is the rule 11 of order 39?
Rule 11 of Order 39, as introduced by the Bombay Amendment, provides for procedure on parties defying orders of the Court and/or committing any breach of the Undertaking to the Court.
What is Order 39 Rule 7?
Even so, Order 39, Rule 7 inter alia provides that the Court on the application of any party to a suit has the power to authorise any person to enter upon any property which is the subject-matter of the suit and in the possession of the other party and pass such feasible orders a3 are necessary for the detention, ...
What is order 7 rule 10?
“10. Return of plaint. — (1) Subject to the provisions of Rule 10-A, the plaint shall at any stage of the suit be returned to be presented to the Court in which the suit should have been instituted. The plaintiff or his pleader shall be informed of the date fixed for the return of the plaint.” (1.10.1983).
What is order 23?
Order 23 Rule 3 of the Code of Civil Procedure, 1908 states that when the parties have made an arrangement to settle the dispute entirely or in part the court if it is satisfied shall pass the decree to such effect and record the same. The agreement should be legal, in writing and signed by the parties.
What is under order 8 rule 10?
As per Order VIII Rule 10, if any person who is required to file a written statement does not do so within the time period prescribed or permitted by the court, the court shall pronounce the judgement against him or issue an order, and a decree shall be drawn up on the pronouncement of the judgement.
What is order 1 rule 10 2?
Order I Rule 10(2), CPC enables, the Court to add a necessary or proper party so as to “effectually and completely adjudicate upon and settle all the questions involved in the suit”.
What is order 7 rule 1 8?
Rules 1-8 of Order VII deals with particular required in a plaint. Meaning: Plaint means a statement in writing of a cause of action in which the relief is claimed is set out in detail or a document by presentation of which a suit is to be instituted.
What is 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 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 order 9 rule 23?
Such powers are set out in section 98 of the Civil Procedure Act Cap. 71, which empowers courts to make such orders as may be necessary for the ends of justice. Order 9 rule 23 of the Civil Procedure Rules, S.I 71-1, also vests courts with power to set aside dismissal where sufficient cause has been shown.
What is Rule 2 A of Order 39?
O. XXXIX R. 2A provides for two contingencies – when an order is not complied with by a party and the ensuing recourse in case of such non-compliance; and when an order is not complied by a party and the non-compliance has not ceased.
What does Rule 46 mean?
When the ruling or order is requested or made, a party need only state the action that it wants the court to take or objects to, along with the grounds for the request or objection. Failing to object does not prejudice a party who had no opportunity to do so when the ruling or order was made.
What is order 39 rule 1 or 2?
(1) In the case of disobedience of any injunction granted or other Order made under rule 1 or rule 2 or breach of any of the terms on which the injunction was granted or the Order made, the Court granting the injunction or making the Order, or any Court to which the suit or proceeding is transferred, may Order the ...