What is under order 7 rule 9?
Asked by: Myriam Nolan | Last update: October 13, 2023Score: 4.8/5 (1 votes)
(1) The plaintiff shall endorse on the pliant, or annex thereto, a list of the documents (if any) which he has produced along with it; and , if the plaint is admitted shall present, within such time as may be fixed by the Court or extended by it from time to time, as many copies on plain paper of the plaint as there ...
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 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 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 the meaning of Rule 9?
The text of Rule No. 9 stated: No entertainment shall be conducted in which any performer impersonates by means of costume or dress a person of the opposite sex, unless by special permit issued by the Board of Police Commissioners.
Order 7 of cpc rule 1 to 9 plaint, part 1, What is plaint, essential of plaint, CPC 1908 LECTURE 24
What is Rule 9 example?
Agreement Rule 9
Collective nouns should be used with a singular verb. Collective nouns, or nouns that are singular but represent a group of things (like family, class, and team), should be used with singular verbs. For example, The class is excited to perform their play for the school.
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 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 under order 8 rule 9?
Under Order VIII Rule 9, the Court has power to call upon both parties to file written statements at any time and this power should be freely used for elucidating the pleas when necessary, especially in complicated cases.
What is under order 7 rule 11?
Code of Civil Procedure, 1908 ; Order VII Rule 11 - Rejection of Plaint - The case on behalf of the petitioner is that the plaintiff is not entitled to any relief in the suit. The aforesaid cannot be a ground to reject the plaint at the threshold in exercise of powers under Order 7, Rule 11 CPC.
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 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 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 allowed in order 9 rule 13 cpc?
"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 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 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 under 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 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 defenses are waived if not in answer?
There are four defenses that may be waived if not made by a Rule 12 motion: Lack of Personal Jurisdiction (Rule 12(b)(2)); Improper Venue (Rule 12(b)(3)); Insufficiency of Process (Rule 12(b)(4)); and Insufficiency of Service of Process (Rule 12(b)(5).)
What is under order 7 rule 14?
14. Production of document on which plaintiff sues. -- (1) Where a plaintiff sues upon a document in his possession or power, he shall produce it in Court when the plaint is presented, and shall at the same time deliver the document or a copy thereof to be filed with the plaint.
What is under order 7 rule 3?
Where the subject-matter of the suit is immovable property, the plaint shall contain a description of the property sufficient to identify it, and, in case such property can be identified by boundaries or numbers in a record of settlement or survey, the plaint shall specify such boundaries or numbers.
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 the rule 9 B of the Federal Rules of Civil Procedure?
Rule 9B of the Federal Rules of Civil Procedure requires fraud to be pled with particularity. This creates a heightened pleading requirement, an additional burden on plaintiffs and the United States when filing a False Claims Act case.
What is the rule 9 in Ohio?
9. Rule 9 - 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 9 C of the federal rules of civil procedure?
(C) the legal existence of an organized association of persons that is made a party. (2) Raising Those Issues. To raise any of those issues, a party must do so by a specific denial, which must state any supporting facts that are peculiarly within the party's knowledge.