What is the rule 8 order 9?
Asked by: Prof. Gay Okuneva PhD | Last update: August 20, 2023Score: 4.2/5 (32 votes)
Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the Court shall make an order that the suit be dismissed, unless the defendant admits the claim or part thereof, in which case the Court shall pass a decree against the defendant upon such admission, and, where part ...
What is the rule 8 under order 9?
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 the order 8 rule?
Order VIII Rule 1 lays down the period within which the defendant must file a written statement. The written statement should be filed by the defendant within thirty days from the day when the summons was served to him.
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.
What does rule 8 of the Federal Rules of Civil Procedure require of a plaintiff's complaint?
(1) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required. (2) A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses.
ORDER 9, Rule 1 to 14 OF CPC | CPC 1908 LECTURE 32,
What does rule 8 of the Federal Rules of Civil Procedure require of a plaintiff's complaint quizlet?
What does Rule 8 (of the Federal Rules of Civil Procedure) require of a plaintiff's complaint? A short and plain statement showing that the pleader is entitled to relief, and a demand of judgment for that relief.
What is the Federal rule 9?
(a) CAPACITY OR AUTHORITY TO SUE; LEGAL EXISTENCE. (C) the legal existence of an organized association of persons that is made a party. must do so by a specific denial, which must state any supporting facts that are peculiarly within the party's knowledge.
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 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 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 8 rule 1?
Order VIII Rule 1 Written Statement:
Once the writ of summons is served to the defendant, he should take necessary steps for drafting his defense along with all the documents that he relies on, in his defense and he should file the same in the court before completion of 30 days or as soon as possible in that period.
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 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 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 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 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 does Rule 11 mean in federal?
Under Federal Rule of Criminal Procedure 11, a plea of nolo contendere shall be accepted by the court only with its consent and only after it gives due consideration to the views of the parties and the interest of the public in the effective administration of justice.
What is the order of dismissal?
Dismissal Order means an Order of the Court dismissing the Pending Action in accordance with the provisions of Article 6 below, which order has become final and no longer subject to appeal or reconsideration.
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 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 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 does Rule 9 assume the person?
Rule 9: Assume that the person you are listening to might not know something you don't.
What is rule 9 of life?
Rule 9: Assume that the person you are listening to might know something you don't. The author describes the virtue in living your life by engaging with others through meaningful conversation. The main problem is that most conversations are one-sided, often with each expressing a fixed perspective.
What is Rule 48 of federal rules?
(a) By the Government. The government may, with leave of court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the defendant's consent.