What is order 9 rule 6?
Asked by: Zane Waters | Last update: July 22, 2023Score: 4.1/5 (63 votes)
Procedure when only plaintiff appears. (1) Where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then- (a) When summons duly served- if it is proved that the summons was duly served, the Court may make an order that the suit shall be heard ex parte.
What is the rule 6 under order 9?
(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 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 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 the rule 7 of order 9?
This rule envisages that where there are more than one plaintiff in a suit but only some appear on the day fixed for hearing, the court will proceed with the suit considering that all the plaintiffs have appeared for the hearing.
ORDER 9, Rule 1 to 14 OF CPC | CPC 1908 LECTURE 32,
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 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 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 is under order 6 rule 15?
“15. Verification of pleadings. —(1) Save as otherwise provided by any law for the time being in force, every pleading shall be verified at the foot by the party or by one of the parties pleading or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case.
What is Order 37 Rule 6?
Rule 6 of the Order 37 provides that the possessor of any dishonoured bills of exchange or promissory note may have the rights under this Order for the restitution of the costs incurred in the recovery of the value of such bill or note.
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 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 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 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 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 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 under Order 43 rule?
(1) Where any order is made under this Code against a party and thereupon any judgment is pronounced against such party and a decree is drawn up, such party may, in an appeal against the decree, contend that such order should not have been made and the judgment should not have been pronounced.
What is Rule 21 in Ontario civil procedure?
Rule 21 allows for a party to ask the court to stay or dismiss an action on a point of law for a number of reasons. For example, there may be no legal basis for the action or for the relief being sought, or the defence may not be a valid response to the claim.
What is order 7 rule 11e?
(e) where it is not filed in duplicate; (f) where the plaintiff fails comply with the provision of Rule 9. Code of Civil Procedure, 1908 ; Order VII Rule 11 - Rejection of Plaint - The case on behalf of the petitioner is that the plaintiff is not entitled to any relief in the suit.
What is Order 39 Rule 2A order?
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 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 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 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 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.