What is the ruling on order 9 rule 13 cpc?
Asked by: Joel Leannon | Last update: October 8, 2023Score: 4.6/5 (12 votes)
… 13 provides a remedy for the defendant to apply to set aside the ex-parte decree which was passed due to the non-appearance of the defendant in the civil suit
What is the ruling on order 9 rule 13?
"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 the limitation to set aside an Exparte order?
164 of the Indian Limitation Act, 1908, the period of limitation for an application by a defendant for an order to set aside a decree passed ex-parte was 30 days from "the date of the decree or when the summons was not duly served, when the applicant had knowledge, of the decree".
How do I set aside an ex parte order?
in which the a decree is passed ex parte against the defendant, he may apply to the court by which the decree was passed for an order to set it aside and if he satisfies that summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing ,the court ...
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.
Ex parte decree and its remedies || Order 9 rule 13 Set aside an ex parte decree ||
How do you win an ex parte hearing?
- Submit a comprehensive and clear ex parte application. ...
- Find out 2-3 foolproof reasons why the order should be in your favor (depending on the cause of action). ...
- If the other party is harassing you or forcing you, provide the court with the records. ...
- Be prepared for a full hearing.
What is ex parte in simple terms?
ex parte. (ex par-tay, but popularly, ex party) adj. Latin meaning "for one party," referring to motions, hearings or orders granted on the request of and for the benefit of one party only.
How do you respond to an ex parte order?
Opposing an Ex Parte Motion
However, respondents have two choices: they can either attend the court appearance in person themselves or file a written response to the motion. The respondent of the ex parte motion has the right to appear in person at the court hearing, even without an attorney.
What is proper ex parte notice?
When notice of an ex parte application is given, the person giving notice must: (1) State with specificity the nature of the relief to be requested and the date, time, and place for the presentation of the application; and. (2) Attempt to determine whether the opposing party will appear to oppose the application.
What does it mean to set aside in law?
set aside. v. to annul or negate a court order or judgment by another court order. Example: a court dismisses a complaint believing the case had been settled. Upon being informed by a lawyer's motion that the lawsuit was not settled, the judge will issue an order to "set aside" the original dismissal.
What is the limitation of order IX Rule 13 CPC?
Application under Order 9 Rule 13 CPC
The defendant has a thirty days time period to apply, setting aside the suit. If the plaintiff did not appear, he may apply to set aside the order of dismissal after the lawsuit has been dismissed.
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 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 rule of 9 Supreme court?
An attorney representing a party who will not be filing a document shall enter a separate notice of appearance as counsel of record indicating the name of the party represented. A separate notice of appearance shall also be entered whenever an attorney is substituted as counsel of record in a particular case.
What is an example of an ex parte motion?
- Motion to "quash" a subpoena: This cancels a subpoena.
- Motion for order shortening time to serve a motion: This is a court order that gives you more time to serve the other person.
What is the rule of court ex parte?
A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.
How do you oppose an ex parte motion?
If you intend to oppose the ex parte application, file your opposition documents as soon as you can. You may bring your opposition to Court with you and file it before the ex parte hearing. Arrive 10 to 15 minutes earlier than your scheduled time. Check in at Window 1 in the filing room.
Why is ex parte important?
In emergency situations, an ex parte motion provides an exception to the rules of due process by allowing you to petition the court without having to notify or serve the other parties involved in your case.
How do you use ex parte in a simple sentence?
Examples in Sentences
The judge granted an ex parte hearing to the plaintiff's attorney to present crucial evidence that could not be disclosed to the defendant. In the interest of fairness, the court allowed the opposing party to respond to the ex parte motion before making a final decision.
What are the grounds for ex parte in California?
- Threat of financial harm. ...
- Failure of one party to fulfill terms of a divorce. ...
- Abuse or domestic violence.
Why are cases called ex parte?
Ex parte is Latin and means 'from a side', and it means that the judge will only listen to one party. This means that the judge will review only one party's pleadings and sometimes listen to that party's argument, but not take into consideration the other party's response.
What's the meaning of prima facie case?
A prima facie case is a cause of action or defense that is sufficiently established by a party's evidence to justify a verdict in his or her favor, provided such evidence is not rebutted by the other party.
What is parte in legal terms?
A proceeding brought before a court by one party only, without notice to or challenge by the other side. Source: U.S. Courts. Only one party is present and the Judge hears only that party's side. The hearing for the Temporary Order is usually Ex Parte, meaning only the Judge and the Petitioner are in court.
What does it mean when a court is ex parte quizlet?
What does it mean when a court is ex parte? that only one party is represented.
How does emergency custody work in Ohio?
Provided the judge believes an emergency exists, he or she will issue an appropriate order both granting emergency custody of the child and directing law enforcement to recover the child from the other parent. The judge will then schedule a hearing within a couple of days of the meeting.