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Articles for Order Ix Rule 13

Not Necessary To File Separate Application For Delay Condonation Along With Application To Set Aside Ex-Parte Decree : Supreme Court
13 hours, 26 minutes ago

Not Necessary To File Separate Application For Delay Condonation Along With Application To Set Aside Ex-Parte Decree : Supreme Court

Live Law  

The Supreme Court ruled that a separate application seeking condonation of delay is not necessary to be filed along with an application seeking to set aside an ex-parte decree under Order IX Rule 13 of the Civil Procedure Code, if the application sufficiently explains the delay. The bench comprising Justice Vikram Nath and Justice Prasanna B. Varale was hearing an …

Court Restoration Application Order Delay Cpc Filed
Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]
5 months, 2 weeks ago

Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]

Live Law  

The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. Ltd. v. Vinita Mehta, 2022 LiveLaw 564 : 7 SCC 678 Section 96, 105 and Order IX Rule 13 - The appellant, while challenging ex parte decree by filing an appeal, can always point …

India Delhi Supreme Court High Court Judgment Procedure Court
The Complete Supreme Court Annual Digest- 2023 [Part-III]
8 months, 2 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-III]

Live Law  

Citizenship The Supreme Court sets aside the ex-parte order of the Foreigners Tribunal which declared a woman non-indian. Pramod Sinha v. Suresh Singh Chauhan, 2023 LiveLaw 596 Section 33 - Judgment and decree Code of Civil Procedure, 1908; Section 33, Order XX Rule 4, 5; Order XLI Rule 23, 23A, 24 and 25 - Remand - High Court passed order …

India Odisha Delhi Supreme Court High Court Bihar Constitution
Labour Commissioner Competent To Review Ex-Parte Awards Passed Under Workmen's Compensation Act: J&K High Court
11 months, 3 weeks ago

Labour Commissioner Competent To Review Ex-Parte Awards Passed Under Workmen's Compensation Act: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently held that a Labour Commissioner is competent to review his ex-parte orders, while hearing an application to set aside such ex-parte award. A bench of Justice M.A Chowdhary clarified that given the applicability of Order IX Rule 13 of the Code of Civil Procedure, as provided under Rule 31 of …

Compensation Court Labour Civil Procedure Application Order Gupta
Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)
11 months, 3 weeks ago

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)

Live Law  

Code of Civil Procedure, 1908 – Civil Trial - Fixing of the date of trial shall be in consultation with the learned advocates appearing for the parties to enable them to adjust their calendar. Pradeep Mehra v. Harijivan J. Jethwa, 2023 LiveLaw 936 : 2023 INSC 958 Code of Civil Procedure, 1908; Section 47 read with Order XXI - Executing …

India Supreme Court High Court Procedure Court Civil States
Revision Petition Under S.115 CPC Not Maintainable Against Refusal To Set Aside Ex-Parte Decree Under Order IX Rule 13 : Supreme Court
1 year ago

Revision Petition Under S.115 CPC Not Maintainable Against Refusal To Set Aside Ex-Parte Decree Under Order IX Rule 13 : Supreme Court

Live Law  

The Supreme Court recently held that a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 is not maintainable against the dismissal of an application field under Order IX Rule 13 of the CPC to set aside an ex-parte decree “When there is an express provision available under the CPC or any statute under which an …

Supreme Court Court Application Order Revision Cpc Set
OV R17 CPC | No Service Of Summons If Process Server Does Not Affix Notice On Door Or Conspicuous Part Of Defendant's Address: MP High Court
1 year, 7 months ago

OV R17 CPC | No Service Of Summons If Process Server Does Not Affix Notice On Door Or Conspicuous Part Of Defendant's Address: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that the process server not affixing notice as per the provision under Order V Rule 17 CPC would be deemed to be an illegality and that it cannot be said to be an irregularity in the context of the second proviso to Order IX Rule 13 CPC. The bench comprising Justice …

Court Order Service Process Notice Cpc Rule
Before Resorting To OV R15 CPC, Must Show Defendant's Absent From Residence & No Likelihood Of Being Found: Jammu & Kashmir High Court
1 year, 9 months ago

Before Resorting To OV R15 CPC, Must Show Defendant's Absent From Residence & No Likelihood Of Being Found: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that before resorting to provisions contained in Order V Rule 15 of the CPC, it has to be shown that the defendant is absent from his residence at the time when the service of the summons is sought to be effected and there is no likelihood of his being found …

Trial Court Kashmir Order Jammu Cpc Rule
An Ex-Parte Decree Obtained By Suppressing Fact Of Non-Service Of Summons On Defendant Would Be Vitiated By Fraud: Calcutta HC
2 years, 3 months ago

An Ex-Parte Decree Obtained By Suppressing Fact Of Non-Service Of Summons On Defendant Would Be Vitiated By Fraud: Calcutta HC

Live Law  

The Calcutta High Court has held that an ex-parte decree which is obtained by suppression of the fact of non-service on the defendant would be vitiated by fraud. The Bench of Justice Shekhar B. Saraf set aside an ex-parte decree under Order IX Rule 13 CPC on the ground that the defendant could not be served with a notice of …

Court Order Respondent Notice Suit Cpc Served
On Setting Aside Ex Parte Decree, Defendants Who Have Not Filed Written Statement Can Be Permitted To Cross Examine Witnesses: Supreme Court
2 years, 5 months ago

On Setting Aside Ex Parte Decree, Defendants Who Have Not Filed Written Statement Can Be Permitted To Cross Examine Witnesses: Supreme Court

Live Law  

The Supreme Court observed that on setting aside the ex­parte decree, the defendants can be permitted to participate in the suit proceedings and cross­-examine the witnesses.In this case, the defendants were set ex parte by the Trial Court. Referring to these judgments, the court allowed the appeal, and observed: "As observed and held by this Court in the case of …

Supreme Court Judgment Court Witnesses Order Statement Suit
Order IX Rule 13 CPC - Trial Court Can Decide Prayer Of Defendants To Permit Filing Of Written Statement After Setting Aside Ex Parte Decree: Supreme Court
2 years, 7 months ago

Order IX Rule 13 CPC - Trial Court Can Decide Prayer Of Defendants To Permit Filing Of Written Statement After Setting Aside Ex Parte Decree: Supreme Court

Live Law  

The Supreme Court observed when an ex ­parte decree is set aside and the suit is restored to file, the defendants cannot be relegated to the position prior to the date of hearing of the suit when he was placed ex ­parte.The bench comprising Justices M R Shah and B V Nagarathna, in this case, observed that a Trial Court …

Supreme Court High Court Trial Court Trial Court Statement Singh
Order IX Rule 13 CPC | Defendant Can Only Take Part In Hearing After Ex-Parte Decree Against It Is Set Aside, Can't File Written Statement: Orissa HC
2 years, 10 months ago

Order IX Rule 13 CPC | Defendant Can Only Take Part In Hearing After Ex-Parte Decree Against It Is Set Aside, Can't File Written Statement: Orissa HC

Live Law  

The Orissa High Court has reiterated that even after an ex parte decree is set aside under Order IX Rule 13 of the CPC, the defendant neither can be relegated to the original position nor can be allowed to file a written statement. 2 and 3 for their non-appearance on the date when the suit was called on for hearing, …

Court Order Hearing Suit Cpc Set Rule
Ex-Parte Decree And "Sufficient Cause" For Non-Appearance
3 years, 6 months ago

Ex-Parte Decree And "Sufficient Cause" For Non-Appearance

Live Law  

When an ex-parte decree is passed in a civil suit, an aggrieved defendant may resort to the remedy under Order IX Rule 13 Code of Civil Procedure, 1908. LTD. And Others v. Hira Confectioners, the Delhi High Court, while discussing the scope of application under Order IX Rule 13 CPC 1908,.observed that "sufficient cause" is a flexible expression and there …

Appeal Court Application Order Cause Cpc Rule