What is the rule 3 of order 9?
Asked by: Keagan Pacocha | Last update: February 13, 2026Score: 4.4/5 (17 votes)
"Rule 3 of Order 9" typically refers to the Code of Civil Procedure (CPC) in India, stating that if neither the plaintiff nor the defendant appears when a case is called for hearing, the court may dismiss the suit, but the plaintiff can apply to set aside the dismissal for good reason. This rule grants courts power to proceed if one party appears but allows for reinstatement if both miss the hearing without proper cause.
What is the order 9 rule?
On the day fixed in the summons for the defendant to appear and answer, the parties shall be in attendance at the Court-house in person or by their respective pleaders, and the suit shall then be heard unless the hearing is adjourned to a future day fixed by the Court.
What is the rule 3 commencing an action?
Commencing an Action. A civil action is commenced by filing a complaint with the court.
What is a rule 9 in Court?
Pleading special matters. (a) Capacity. It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party.
What is the rule 3 of the CPC?
Rule 3 of CPC : Rule 3: Court may order defendant or plaintiff to appear in person. Rule 3: Court may order defendant or plaintiff to appear in person.
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What is the rule 9 of the Civil Procedure Code?
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 is rule 3 compliance?
sufficient compliance of Rule 3. If the Court wants to grant interim order without giving. notice to the opposite party, the Court shall record the reasons for its opinion that the object. of granting injunction would be defeated by the delay.
What is a rule 9 request?
A Rule 9 Request is a written request from the Inquiry for evidence – specifically, for the recipient to provide a witness statement or potentially relevant documents.
What is the most common complaint brought against lawyers?
The most common complaints against lawyers center on neglect, lack of communication (unreturned calls/emails, no updates), and fee issues (excessive, unclear, or improper billing), often stemming from poor client management and unmet expectations. Clients frequently feel uninformed, ignored, or surprised by costs, leading to formal grievances about missed deadlines, lack of transparency, or attorneys failing to act in the client's best interest, says Lalegalethics.org and ABA Journal.
What is a rule 9 warrant?
Rule 9(a) has been amended to permit a judge discretion whether to issue an arrest warrant when a defendant fails to respond to a summons on a complaint. Under the current language of the rule, if the defendant fails to appear, the judge must issue a warrant.
What are some examples of Rule 3?
In storytelling: “The Three Little Pigs,” “Goldilocks and the Three Bears,” and “Three Billy Goats Gruff” are all classic examples of stories that use the rule of three. In speeches: “I came, I saw, I conquered” is a famous example of the rule of three used by Julius Caesar.
What is the order 3 of the CPC?
1[(3)The Court may, at any stage of the suit, Order any party to the suit not having a recognised agent residing within the jurisdiction of the Court, or a pleader who has been duly appointed to act in the Court on his behalf, to appoint, within a specified time, an agent residing within the jurisdiction of the Court ...
What is a category 3 offense?
Category 3 offences: Two or more years' imprisonment
You have the option of either being tried by a judge alone or having a jury trial. Category 3 offences could include aggravated assault, threatening to kill, dangerous driving or a third (or more) drink driving conviction.
What is the order 9 rule 9?
According to Order 9 Rule 9 of the Code of Civil Procedure (CPC), the plaintiff must satisfy the court that there was "sufficient cause" for their non-appearance.
Can a suit dismissed for default be restored?
- 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 [such failure as is referred to in rule 2], or for his non-appearance, ...
What is the rule 5 of order 9?
Under existing Order 9, rule 5(i), if the plaintiff fails to apply, within one month. To apply for fresh summons (after the first one has been returned unserved), the court shall dismiss the suit, unless the plaintiff satisfies the court about certain specified circumstances excusing the failure.
What scares lawyers the most?
Fear of Being a Failure
For some lawyers, being a failure means unsuccessfully defending a defendant at trial. For others, it might mean structuring a deal or trust incorrectly to the harm of their client. Regardless of the specifics, a fear of failure can become so overwhelming that it can cause failure itself.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
What is the B word for lawyer?
The "B word" for a lawyer, especially in the UK and Commonwealth countries, is Barrister, which refers to a specialist lawyer who argues cases in higher courts, distinct from a solicitor, though other terms like Attorney, Counsel, or even the pejorative "ambulance chaser" can be used, while "Esquire" (Esq.) is a title for any licensed lawyer in the U.S.
What is the rule 9 evidence?
Rule 9 of the Inquiry Rules 2006 enables an inquiry to send a written request for specific information or evidence to any individual who it considers may hold relevant information or documents. This is known as a Rule 9 request.
What is a rule 9 offer?
This practice note discusses key regulations established by Rule 9 of the Takeover Code, which mandates that any person or entity acquiring control of a company (defined as 30% or more of the voting rights) must extend a mandatory offer to all remaining shareholders.
What is the rule 9 of the Inquiry Act?
Rule 9 provides: 9. – (1) The inquiry panel must send a written request for a written statement to any person from whom the inquiry panel proposes to take evidence. (2) The inquiry panel must send a written request to any person that it wishes to produce any document or any other thing.
What is the Section 4 Evidence Act?
Description. May presume: Whenever it is proved by this Act that Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it.
What is a prima facie case in an injunction?
Prima facie case is a substantial question raised bona fide which needs investigation and a decision on merits. Satisfaction of court that there is a prima facie case by itself is not sufficient to grant injunction. See: Dalpat Kumar vs. Prahlad Singh, AIR 1993 SC 276.
What does article 3 say in the constitution?
Article III of the U.S. Constitution establishes the Judicial Branch, creating a Supreme Court and authorizing Congress to establish lower federal courts, defining their jurisdiction, guaranteeing lifetime appointments for judges ("during good behavior") for independence, and defining treason. It ensures judicial independence through tenure and salary protection, outlines the types of cases federal courts hear (like those involving federal law or disputes between states), and guarantees jury trials in criminal cases.