Order 9 rule 13 of civil procedure code. United India Insurance Co. Ltd. vs Paras Ram And Anr. on 26 September, 2001 2019-01-10

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UNDER ORDER IX, RULE 9 OF THE CODE OF CIVIL PROCEDURE, 1908

order 9 rule 13 of civil procedure code

Private alienation of property after attachment to be void. Execution of decrees outside India. The appeal was defective and came to be rejected on subsequent date. Suit based upon fresh cause of action. B, by his agent in Calcutta, buys goods of A and requests A to deliver them to the East Indian Railway Company. B may sue A either in Calcutta or in Delhi. Questions to be determined by the Court executing decree 1 All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit.

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Order IX CPC

order 9 rule 13 of civil procedure code

She has vital interest in the suit property. Both the proceedings triable by the same court. In order to prevent the ends of justice from being, defeated the Court may, if it is so prescribed,- a issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him so the civil prison; b direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property; c grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold; d appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property; e make such other interlocutory orders as may appear to the Court to be just and convenient. Ex-parte Decree :- A decree against the Defendant without hearing him or in his absence or in absence of his defense can be passed under the following circumstances 1. Res judicata debars a court from exercising its jurisdiction to determine the lis if it has attained finality whereas the doctrine of issue estoppel is invoked against the party.


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Civil Lawyers in Delhi,India: application under Order 9 Rule 9 of cpc.

order 9 rule 13 of civil procedure code

Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Publication in a newspaper - Order as to issuance of summons to defendant on new address - Order not complied with - On a request substituted service allowed in a causal manner - Before ordering substituted service, Court should resort to procedure laid down in O. The question requires interpretation of the relevant entry in Clauses 2 and 5 of Article 182 of the Limitation Act, 1908. Without even filing a suit where a claim as to valid title or right is determined. Counsel for the applicant relied upon the judgment reported as. Patan Sadab Khan and others, C. Such list of documents is he supplied with frie written statement.

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Civil Procedure Code 1908 (CPC)

order 9 rule 13 of civil procedure code

The other side will be granted an opportunity to be heard, when any review application has been granted. U r now being attacked under lis pen dense under transfer of property act and see the defences under that. Exemption from arrest under civil process. Seizure of property in dwelling-house. It is also stated in the reply that if the ex parte awards against the appellant insurance company are set aside, it would not only delay the final decision in the claim petitions, but also prejudice the case of the claimants. Where defendant has not filed a pleading, it shall be lawful for the court to pronounce judgment on the basis of facts contained in the plaint, except against person with disability.


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UNDER ORDER IX, RULE 9 OF THE CODE OF CIVIL PROCEDURE, 1908

order 9 rule 13 of civil procedure code

Puran Lal met the Process Server and orally stated that Gyan Chand the defendant was residing at H. Sub-section 3 omitted by Act 66 of 1956, sec. Once the evidence has been submitted and cross-examination is conducted by the plaintiff and defendant, both sides are allowed to present a summary of their case and evidence to the judge in the Final argument session. But any how u can contest the or9 r13 petition based on the facts and the oppertunities sufficiently given to the defendant. Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Eviction petition - Omission on the part of tenant or his counsel to know next date fixed in the case clearly appears to willful in nature - Record reveals that counsel of tenant present on the date fixed for hearing - But no such challenge regarding presence of. Explanation-Every person residing in a foreign country, the Government of i which is at war with India and carrying on business in that country without a licence in that behalf granted by the Central Government, shall, for the purpose of this section, be deemed to be an alien enemy residing in a foreign country.

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Code of Civil Procedure, 1908

order 9 rule 13 of civil procedure code

Power of High Court to determine issues of fact. Nor in such a case as this is the judgment-debtor prejudiced. Alien enemies residing in India with the permission of the Central Government, and alien friends, may sue in any Court otherwise competent to try the suit, as if they were citizens of India, but alien enemies residing in India without such permission, or residing in a foreign country, shall not sue in any such court. What is the meaning of No decree to be set aside without notice to opposite party? Suits for compensation for wrongs to person or movables. On this stage both parties have to file documents in court which are in their possession or power.

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Order IX CPC

order 9 rule 13 of civil procedure code

Constitution of Rule Committees in certain States. Jagadeesan, J, has held that Advocate-Commissioner cannot be appointed to find out the fact as to who is in possession of suit property in a case. On the other hand, Shri R. Material issue of determining the possession cannot be left to an Advocate-Commissioner. To be a substantial question of law must be debatable, not previously settled by law of the land or a binding precedent and answer to the same will have a material bearing as to the rights of parties before the Court; Govindaraja v.

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Code of Civil Procedure 1908

order 9 rule 13 of civil procedure code

Under revisional powers of High Court this cannot be interfered with by High Court. Bar on suit to set aside decree on objection as to place of suing. He may indeed obtain the boon of delay, which is so dear to debtors, and if he is virtuously inclined there is nothing to prevent his paying what he owes into Court. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. Due to this reason it is not possible to see, with regard to which address the execution was got done. Execution of Decree The detailed discussion of all the stages are given below 1. Preparation of Decree Order 20 rule 6, 6A :- Once the judgment is delivered by a judge a decree is to be prepared by concerned clerk.

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