What is order 9 rule 4?
Asked by: Juliet Goodwin III | Last update: August 26, 2023Score: 5/5 (27 votes)
Plaintiff may bring fresh suit or Court may restore suit to file.
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 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 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.
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.
ORDER 9, Rule 1 to 14 OF CPC | CPC 1908 LECTURE 32,
What is order 9 rule 7?
Rule 7 of Order 9 CPC
It provides that in a situation where the court has adjourned the hearing of the suit ex parte and the defendant provides a good cause for his absence, the court, on its terms and conditions, may hear him and deal with the suit as if he had appeared on the date fixed for hearing.
What is order 9 rule 13 order?
"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 9 rule 8?
Under Order IX, Rule 8 of the Code, a suit cannot be dismissed for non-appearance of the plaintiff if: (a) the defendant admits the whole of the claim of the plaintiff; or, (b) the defendant admits the claim of the plaintiff only in part and not in whole; the court, therefore, shall decree the suit accordingly in ...
What is under order 6 rule?
Order 6 CPC Description. "Pleading", shall mean plaint or written statement. (1) Every pleading shall contain, and contain only a statement in a concise form of the material facts on which the party pleading relies for his claim or defence as the case may be, but not the evidence by which they are to be proved.
What is order 8 rule 9?
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 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 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 the order IX 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 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 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?
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 is order 6 rule 17 order?
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 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 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 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 order 39 rule 4?
According to Rule 4 of Order 39 CPC any order for an injunction may be discharged, or varied, or set aside by the Court, on application made thereto by any party dissatisfied with such order and two grounds are specified under the first proviso to Rule 4 which are available to the party seeking to set aside the order ...
What is Order 39 rule?
Order 39, Rule 1 provides for cases in which temporary injunction may be granted. (c) that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit.
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 is order 9 rule 27?
Order ix rule 27 provides that in any case in which a decree is passed exparte against the defendant, he or she may apply to court by which the decree was passed for an order to set it aside; and if he or she satisfies the court that the summons where not duly served, or that he or she was prevented by any sufficient ...