What is order 9 rule 7 CPC good cause?
Asked by: scraper | Last update: September 28, 2026Score: 0/5 (0 votes)
Under Order 9 Rule 7 of the Civil Procedure Code (CPC), "good cause" (often referred to as "sufficient cause") is a valid, unavoidable, and non-negligent reason for a defendant's absence at a prior hearing. Proving it allows the defendant to rejoin ongoing proceedings and undo an ex parte (one-sided) order.
What is the purpose of order 9 rule 7 CPC?
The underlying objective of Order 9 Rule 7 is to prevent unnecessary delays in the judicial process and ensure that defendants comply with court summons.
What amounts to sufficient cause?
`Sufficient cause' has to be of the type, which is beyond control of the party invoking the provisions of section 5 of the Limitation Act. An avoidable cause for delay by due care and attention cannot be sufficient cause. Cause attributable to negligence or inaction of the party cannot be sufficient cause.
What is order 9 rule 7 CPC?
Where the Court has adjourned the hearing of the suit ex-parte and the defendant, at or before such hearing, appears and assigns good cause for his previous non-appearance, he may, upon such terms as the Court directs as to costs or otherwise, be heard in answer to the suit as if he had appeared on the day, fixed for ...
Can order 9 rule 7 CPC be amended?
The defendant may file an application under Order 9 Rule 7 if there is a belief that the plaint, as filed, does not set forth a viable cause of action. The court, upon hearing the arguments of both sides, then decides whether to allow an amendment to cure the defect or to strike the pleading entirely.
एकपक्षीय आदेश अपास्त | ex parte order cpc | order 9 rule 7 cpc |
What is the limitation period for order 9 rule 9?
Limitation period for filing a second application for restoration. Generally, one can file an application for restoring a case under Order 9 within 30 days from the date of dismissing the case under Article 122 of the Limitation Act, 1963.
What is the landmark Judgement on quashing of FIR?
Landmark Cases on Quashing of FIR
Ramesh Chandra Gupta vs State Of U.P. [SLP(Crl.) 39 of 2022] – In this case, the Hon'ble Supreme Court held that where allegations in the FIR does not disclose a cognizable offence, justifying an investigation by police officers then the same shall be quashed.
What is the order 9 rule 9 of the Civil Procedure rules?
Order 9 Rule 9: Governs advocate changes post-judgment, requiring court application or consent. Application Process: Involves a notice of motion and supporting affidavit, served to all relevant advocates. Case Law: Illustrates the application of rules, emphasizing compliance to avoid defects.
What are the disadvantages of ex parte?
Top 5 Disadvantages of Ex Parte Divorce
- High Risk of the Decree Being "Set Aside" ...
- Uncertainty Before You Can Safely “Close” the Chapter. ...
- Remarriage Risk if You Don't Respect the Appeal Window. ...
- Weak Record on Financials and Custody. ...
- Higher Chance of Allegations of Unfairness.
Can a recovery suit be filed after 3 years?
The limitation for a money recovery case is generally three years from the date the cause of action arises, such as when the debt becomes due or when the loan was granted.
What is an example of a sufficient cause?
A sufficient cause guarantees that the effect will occur, and in this way operates in a very similar fashion to the basic causal arguments we covered earlier. For example: Jumping into a pool of molten lava while unclothed is a sufficient cause of death for humans.
Are civil cases easier to win?
In a civil case, the plaintiff must prove their case by a preponderance of the evidence. This means that the evidence presented in court must be more likely than not to establish the plaintiff's claim. This is a lower standard than the beyond a reasonable doubt standard used in criminal cases.
What is the meaning of good and sufficient cause?
Sufficient cause, or good cause, refers to a legal determination that there exists sufficient reason to support a case or decision. Sufficient cause is tied to causation but varies depending on legal context.
How does CPC relate to Order 9 rule 9?
Order IX Rule 9 of the CPC addresses the restoration of suits dismissed for the plaintiff's default in appearance. It empowers courts to set aside such dismissals if the plaintiff demonstrates sufficient cause for their non-appearance.
What is Section 9 of the CPC in simple words?
In Section 9 of the C.P.C, it states that “the Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.” Here, the term “expressly barred” refers to situations where a specific law or ...
What does rule 9 mean?
"Rule 9" most commonly refers to Federal Rule of Civil Procedure 9(b), which requires that allegations of fraud or mistake be stated with "particularity" in court, rather than just general claims. This means a party must include the specific who, what, when, where, and how of the alleged fraud to survive a motion to dismiss.
How to impress a judge in family court?
The truth, the whole truth and nothing but the truth: Always answer any question asked of you truthfully. A judge is always assessing a witness's credibility. It is imperative that you be truthful, even if you think something you have to say may not be favorable to your case.
What should you never say to a judge?
Never argue with the judge, only present your position. ❌ “You're wrong.” • ❌ “That doesn't make sense.” • ❌ “You don't understand.” • ✅ “With respect, Your Honour, I see it differently.” • ✅ “May I offer another perspective?” Respectful disagreement is allowed; disrespect is not.
What is the biggest mistake during a divorce?
The biggest mistake during a divorce is letting raw emotions drive financial and legal decisions. Anger or a desire for "revenge" often leads to draining litigation, hiding assets, or fighting over symbolic items, costing significantly more than what is being fought for.
What are the three things you need for a lawsuit?
If you can prove the 3 elements of standing to sue, you have a valid legal claim.
- Injury in Fact. Injury in fact means that a person has suffered an actual injury. ...
- Causation. Causation means that the injury to the plaintiff was caused by the party that is being sued. ...
- Redressability.
What is order 7 rule 9 in 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 happens if someone doesn't respond to a small claim?
If you have claimed a specified amount you must first wait until the date by which the defendant must reply to the claim has passed. After this date you can ask the court to order the defendant to pay the amount you have claimed. This is known as asking the court to "enter judgment by default".
Can motion to quash be denied?
If the motion is granted, it means that the document or proceeding in question is declared invalid or void. If the motion is denied, the document or proceeding remains in effect, and the case or legal process will continue.
Which criminal case is best?
Most famous and controversial criminal cases in India
- The Tarakeswar affair (1874)
- The murder of ghosts – Ram Bahadur Thapa (1959)
- The Nanavati murder case (1959)
- The contract killing of Mrs Vidya Jain (1967)
- Tandoor murders (1995)
- The murder of Neeraj Grover (2008)
- D.K. Basu and custodial deaths.
What documents are needed for FIR quashing?
Important Documents Required for FIR Quashing
- Certified copy of FIR.
- Copy of settlement deed (in compromise cases)
- Affidavits of both parties.
- Identity proof (Aadhar/PAN)
- Marriage certificate (in matrimonial disputes)
- Criminal case history or charge sheet (if filed)
- Vakalatnama for legal representation.