What is Order 9 Rule 7?
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What is under order 7 rule 9 of CPC?
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 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 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 order 9 rule 13 allowed?
"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 ...
ORDER 9, Rule 1 to 14 OF CPC | CPC 1908 LECTURE 32,
What is the limitation for order 9 rule 7?
Thus, it is clear from the above decisions, there is no limitation for filing a petition under Order 9, Rule 7, Code of Civil Procedure.... 9. When the law says that the defendant need show only good cause for his previous non-appearance, it follow that till the matter is being heard, he can come at any time.
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 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 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 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 order 7 rule 11 order?
Order VII Rule 11 CPC - Appropriateness Of Prayer Sought Is Not An Issue To Be Considered While Deciding Application Seeking Rejection Of Plaint: Supreme Court.
What is under order 7 rule 10?
According to Order VII Rule 10, a Plaint can be returned to a court of competent jurisdiction at any stage of the case if there is a defect in the jurisdiction. Whereas, Section 24(5) empowers the District Court and High Court to transfer any case due to lack of jurisdiction.
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 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 ex parte order?
In civil procedure, ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.
What is the meaning of order 7 rule 1 of cpc?
Order 7 Rule 1 states that if the plaint does not disclose a cause of action, if it has been understamped or the requisite court fee has not been paid then it can be dismissed by the court. This is what it practically means.
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.
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 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 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 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.
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 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 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.