What is order 9 rule 13 order?
Asked by: Prof. Nils Gleason Sr. | Last update: August 4, 2025Score: 4.5/5 (33 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 is the order under order 9 rule 13?
“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 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.
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 under order 9 rule 3?
Default by parties:- Order IX, Rule 3, provides that when neither party appears when the suit is called on for hearing, the Court may make an order that the suit be dismissed.
Setting Aside of Ex-Parte Decree (Order 9, Rule 13 CPC) | Landmark Judgment 2024 | Vasu Dev Monga
What is order 9 Rule 7?
Order 9 Rule 7 of the CPC pertains to the consequences of the non- appearance of the defendant. According to this rule, if the defendant fails to appear. on the day fixed for hearing, the court may proceed with the case and pass a. judgment based on the evidence presented by the plaintiff.
What is a Rule 9 letter?
It is a request for information. It can be a request for documents and/or a witness statement.
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 Rule 13 Federal Rules of Criminal Procedure?
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 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.
What is the rule 13 of order 7?
Under Order 7, rule 13 the aggrieved party can file another plaint on the same cause of action after paying the court-fee demanded. This shows that there is no conclusive determination of ;the rights of the parties when the rejec tion of the plaint itakes place.
What is the thirteenth order?
The Thirteenth Order was the name of a team of Dark Jedi who are also the last ones alive to use the power of the Dark Side of The Force, who vow to destroy the new Jedi order once and for all, no matter how many innocent lives get hurt or killed in the process.
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 order 9?
Order 9, Rule 8 talks about what would be the outcome when only the defendant has appeared in the court of law. It says that upon calling the suit for a hearing, when only the defendant is present and the plaintiff is absent, then the court, at its discretion can pass an order that the suit thus filed be dismissed.
What is order 13?
Order 13, rules 1-2 of the Code provide that where a document is not already filed in court by a party, the party must produce it (if in the party's possession or power) at or before the settlement of issues Otherwise it cannot be tendered in evidence, without leave of the court.
What is the rule 9 of criminal procedure?
Rule 9 of the Federal Rules of Criminal Procedure is closely related to Rule 4. Rule 9 deals with arrest procedures after an information has been filed or an indictment returned. The present rule gives the prosecutor the authority to decide whether a summons or a warrant shall issue.
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)).
Can two cases be tried at the same time?
In some situations, a judge may join trials that are based on different charges if the prosecution would need to prove one charge to prove the others. A joint trial often arises in cases involving conspiracy or sophisticated, organized criminal enterprises.
What is an indictment in simple terms?
An indictment means that a grand jury, not a prosecutor, has filed criminal charges against you. The indictment is a criminal charge that must be proven against you beyond a reasonable doubt. It's not a conviction and can't be used as evidence that you committed the crime charged.
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 is Rule #9?
”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 is the Rule 9 B motion?
Federal Rule of Civil Procedure 9(b) creates a heightened pleading standard for fraud claims, and requires that lawyers plead circumstances of fraud with particularity. However, “[m]alice, intent, knowledge, and other conditions of a person's mind may be alleged generally.” F.R.C.P. 9(b).
What is a rule 13 letter?
The chair may send a warning letter to any person he considers may be, or who has been, subject to criticism in the inquiry proceedings (Rule 13(1)(a)); or about whom criticism may be inferred from evidence that has been given during the inquiry proceedings (Rule 13(1)(b)); or who may be subject to criticism in the ...
What is a rule 9 request?
Rule 9 sets out what the inquiry must do in order to require a party to provide either disclosure of documents or a written statement. The relevant provision states: The inquiry panel must send a written request for a written statement to any person from whom the inquiry panel proposes to take evidence.
What is a Rule 9 offer?
Rule 9 requires a person to make a mandatory offer in cash, or accompanied by a cash alternative, where that person either: (i) Acquires an interest in shares which (taken together with shares in which persons acting in concert with them are interested) carry 30% or more of the voting rights of a company.