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Results of o 9 r of civil procedure code

Showing : 11-20 of 2486 Results

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13 - - Ex parte decree - Setting aside - Appeal against an ex-parte decree dismissed - No direction issued by Appellate Court directing plaintiff to avail remedy of an application U.O.9.R.13 CPC - Remedy of an application U.O.9.R.13 CPC is thus, clearly barred by O.9.R.13 Proviso CPC...........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 13, Rule 9 -- Return of admitted documents - Where entitlement of defendants is decided and Court has held that amount in fixed deposit is amount which defendants are entitled, there can be no rider placed on power of Court to pass an order to return documents by relying on O.13.R.9 CPC - Recourse to procedural restrictions U.O.13.R.9 CPC..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Defendant/State of U.P though was tardy and could not ensure timely appearance, yet when concerned officials were made aware of pendency of suit and ex parte order, prompt steps were taken - Even plaintiff sought an adjournments at least on two occasions - In such circumstances, it cannot be..........

BOMBAY HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Wakf property - Merely because property is a Wakf property, would not oust jurisdiction of Civil Court - Only matters which would fall within prescription of S.6(1) r/w S.6(5) of Wakf Act would not be entertained by Civil Court...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 9, Companies Act, 2013, Section 408, 410, Insolvency and Bankruptcy Code, 2016, Section 60 -- NCLT - Is not a civil Court which has jurisdiction by virtue of S.9 CPC to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred - Therefore, NCLT can exercise only such powers within..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Suit dismissed in default - Non-appearance of plaintiff was neither intentional nor wilful - There was no delay on part of plaintiff - Suit was for recovery on which plaintiff had affixed ad valorem Court fee - Suit was at the stage of cross-examination when it was dismissed in default - Plaintiff was..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Duly verified replication filed, without accompanying an affidavit, as required U.O.6.R.15(4) CPC does not mean that it is incomplete...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Two remedies available to defendant are, First to file an application U.O.9.R.13 CPC to set aside ex parte decree and second to file an appeal u/s 96(2) CPC...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Ex parte decree - In case defendant files an appeal against ex parte decree and appeal is dismissed then defendant cannot file an application U.O.9.R.13 CPC...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Ex parte decree - Appeal against - Right to appeal is a statutory right - Defendant cannot be deprived of the statutory remedy merely on the ground that application filed U.O.9.R.13 CPC was earlier dismissed...........

Showing : 11-20 of 2486 Results