Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
The impugned order dated 13.9.2022 failed to record such reasons, making its acceptance questionable. The Court emphasized that reasons are mandatory to justify acceptance beyond limitation, regardless of the case type ["2024 0 Supreme(All) 2094"].
Oral Submission Sufficiency - Main points and insights:
The sources do not directly address the sufficiency of oral submissions alone in applications under Order 9 R 13 CPC. However, the emphasis on written submissions and procedural compliance suggests that oral submissions are generally insufficient without accompanying written documentation, especially when procedural rules specify written filings ["2021 0 Supreme(Bom) 1785"], ["2023 0 Supreme(All) 2132"].
Evidence and Procedure in Appeals and Orders - Main points and insights:
The admissibility and timing of written statements, including extensions and re-filing, depend on compliance with procedural orders and conditions, and failure to adhere may result in rejection or non-acceptance of such pleadings ["2024 0 Supreme(Del) 188"], ["2021 0 Supreme(Bom) 1785"].
Admissions in Written Statements - Main points and insights:
Admissions in written statements can be sufficient to pass a decree on admission in certain cases, particularly in partition suits where specific facts are admitted. However, such admissions are not always conclusive, especially when other factors influence the suit's outcome. The entire written statement must be considered ["2023 Supreme(Online)(Bom) 24680"].
Court Jurisdiction and Review - Main points and insights:
Courts have jurisdiction to decide issues even if the appellant's submission regarding the interpretation of procedural provisions (like Order VII Rule 11) is technically correct. Review applications are permissible under specific conditions such as discovery of new evidence or apparent errors on record, but not merely for re-arguments ["Pankaj Ramesh Chaudhari vs Rajan Purushottam Pantvaidya - Bombay"].
Conclusion:
References:- 2024 0 Supreme(All) 2094- Pankaj Ramesh Chaudhari vs Rajan Purushottam Pantvaidya - Bombay_HC_HCBM030073372022- 2023 Supreme(Online)(Bom) 24680- Pankaj Ramesh Chaudhari vs Rajan Purushottam Pantvaidya - Bombay_HC_HCBM030217642023- 2024 0 Supreme(Del) 188- 2021 0 Supreme(Bom) 1785
In civil litigation, facing an ex-parte decree can be daunting for defendants who missed hearings due to improper summons or other reasons. A common question arises: Is a written objection mandatory, or is an oral submission sufficient in an application under Order 9 Rule 13 CPC? This provision allows defendants to apply to set aside ex-parte decrees, but procedural requirements often confuse practitioners and litigants alike.
This blog post explores the legal landscape, drawing from judicial precedents and procedural interpretations. While courts emphasize justice over rigid formalities, understanding the nuances of oral versus written submissions is crucial. Note that this is general information based on case law and should not be considered specific legal advice—consult a qualified lawyer for your case.
Courts have clarified that procedural laws are not always mandatory. As observed in key rulings, oral submissions can suffice unless explicitly required otherwise1980 0 Supreme(Pat) 3. This flexibility prevents injustice from technical lapses.
Oral Submission Validity: In Ekkara Parambil Moideen Koya Haji v. The Special Tahsildar for Land Acquisition, the court noted, there is no mandatory requirement for a written objection under Section 9(2) of the relevant Act. The Collector has discretion to require a written statement, but unless explicitly requested, an oral statement suffices 1980 0 Supreme(Pat) 3. This principle extends to CPC applications, prioritizing substance over form.
No Penalty for Oral Arguments: Defendants need not fear dismissal solely for lacking written objections. Courts focus on merits, ensuring accessible justice.
While written arguments enhance clarity, they are not prerequisites. Rule 2 of Order XVIII CPC permits written submissions before the conclusion of oral arguments, but this is contingent upon the court's permission 2011 0 Supreme(All) 1579.
Court's Discretion: Judges may request written notes for complex matters, but non-submission does not bar relief. In applications under Order 9 Rule 13, oral objections on improper service or other grounds are routinely considered 2009 0 Supreme(Raj) 1065. For instance, one ruling states, objection regarding improper service of summons notices cannot be raised and looked into before first appellate Court in an appeal against an exparte decree if already raised under O.9 R.13, emphasizing sequential remedies 2009 0 Supreme(Raj) 1065.
Supporting Precedents: In cases involving ex-parte decrees, courts have upheld applications based on oral contentions. The application filed under O. 9, R. 13, C. P. C. is maintainable, directing trial courts to proceed on merits, even amid disputes over fraud or misrepresentation 1987 0 Supreme(Kar) 56.
Indian courts interpret procedural provisions as directory rather than mandatory unless explicitly stated. This is echoed in multiple judgments: procedural laws, including those regarding written submissions, should not be interpreted as mandatory unless explicitly stated 2023 0 Supreme(P&H) 630.
Several rulings reinforce this approach:
In appeals against ex-parte decrees under Rajasthan Tenancy Act Sections 223 and 224 or CPC Section 96(2), objections like improper service can be raised only if not previously pursued under Order 9 Rule 13 or Order 43 Rule 1. If defendant has already availed remedy u/O. 9 R. 13 CPC to set aside ex-parte decree and his application is rejected he can file appeal against the above order u/O. 43(1)(d) CPC 2009 0 Supreme(Raj) 1065 2009 0 Supreme(Raj) 1066. Oral objections in the initial application thus play a pivotal role.
Discretion in related rules, like Order 8 Rule 9 for additional written statements, is exercised with utmost care and circumspection to prevent an aberration of justice 2013 0 Supreme(Mad) 2196. This mirrors the caution in Order 9 Rule 13, favoring oral sufficiency where justice demands.
Even in non-CPC contexts, like oral terminations or preliminary objections under Order 14 Rule 2, courts accept oral submissions without mandating writing, provided they are timely
THE PRESIDENT KHANDESH COLLEGE EDUCATION SOCIETY AND ANOTHER vs VASUDEO BHASKAR BHIRUD AND OTHERS
2024 Supreme(Online)(MP) 1697.For those navigating Order 9 Rule 13 applications:
Prioritize Clear Oral Articulation: During hearings, clearly state grounds like improper service. Courts may record and consider these as sufficient 1980 0 Supreme(Pat) 3.
Prepare Written Backups: Though not mandatory, submit written arguments if permitted under Order XVIII Rule 2 to strengthen your case 2011 0 Supreme(All) 1579.
Know Sequential Remedies: If the Order 9 Rule 13 application fails, appeal under Order 43 Rule 1(d), then regular appeal—but avoid rehashing prior oral/written objections 2009 0 Supreme(Raj) 1065.
For Clients: Oral submissions make the process accessible, especially for those without resources for elaborate filings. However, document everything for appeals.
Practitioners should cite precedents like those emphasizing, Courts have the authority to accept oral submissions and written arguments interchangeably, emphasizing the importance of justice over strict adherence to procedural norms 2023 0 Supreme(P&H) 630
Larsen & Toubro Ltd. VS Commissioner of Service Tax, Ahmedabad - Custom Excise And Service Tax Appellate Tribunal
.While oral sufficiency holds, some courts exercise caution. For example, in review applications, re-agitating issues via oral arguments is discouraged: Review permissible only in case of error apparent on record or discovery of new evidence - It is not a platform for re-agitating previously resolved issues
Shri Bharat Deorao Pawar vs Shantabai Ashok Pawar & others
. Similarly, in eviction suits, persistent bona fide needs must be proven, often through evidence beyond mere oral claimsPankaj Ramesh Chaudhari vs Rajan Purushottam Pantvaidya
.These cases underscore that while oral is sufficient initially, robust evidence—oral or written—bolsters success.
The prevailing judicial view affirms that written objections are not mandatory; oral submissions suffice in applications under Order 9 Rule 13 CPC, subject to court discretion. This promotes a just, flexible process, as supported by cases like Ekkara Parambil1980 0 Supreme(Pat) 3 and procedural interpretations 2011 0 Supreme(All) 1579 2023 0 Supreme(P&H) 630.
Key Takeaways:- Oral objections valid unless written explicitly required.- Courts prioritize merits over form.- Use written submissions strategically for clarity.- Follow remedy sequences to avoid procedural bars.
Stay informed on CPC updates, and always seek professional advice tailored to your situation. This flexibility ensures civil justice remains accessible.
Disclaimer: This post provides general insights based on reported cases and is not legal advice. Laws and interpretations may vary by jurisdiction and facts.
#Order9Rule13 #CPCObjections #LegalProcedure
Even that in case, if written submission is accepted beyond the limitation provided under Order 8 Rule 1 CPC, reasons must have been recorded, which is absolutely missing in the impugned order dated 13.9.2022. ... He next submitted that in non commercial matter, provisions of Order 8 Rule 1 CPC is not mandatory, but in regular suit, if writte....
This evidence is more than suffcient to indicate that service of summons of the appeal on plaintiff No. 2 at the address at Thane is not proof that she is not staying in suit building or that she has ceased medical practice. 13. ... It is also argued that the Appellate Court though allowed application under Order XLI Rule 27 of the Code of Civil Procedure to produce documentary evidence, but defendants ....
Even at one stage he admits that there was written partition though the case of defendant No. 1 is about oral partition of the properties of joint family. He further admits that he has a sister and she is not joined as party defendant to the suit. ... The written statement as a whole will have to be taken into account for the purpose of ascertaining as to whether it is an admission suffcient enough to pas....
In view of the above, although the counsel for the appellant may be technically correct in his submission that the High Court erred in not clearly answering the question of law framed by it under Section 100 CPC, the High Court was still within its jurisdiction to determine whether the reading of the ... Applicant herein does not claim discovery of any new evidence being found in order to seek review of the order nor this ....
Thereafter, the defendant, again re-filed the Written Statement on 27.02.2020, yet the same had not been taken on record. As per 3rd re-filing dated 10.12.2023, the Written Statement was again under objection. ... The Order permitting filing of the Written Statement was conditional to payment of costs which never got complied by the defendant. An oral submission had bee....
Though, this petition is filed challenging several orders, learned counsel for the petitioners fairly admits that on 31/8/18 he restricted his challenge to theorder dated 21.12.2017 whereby an apllication under Order 14 Rule 2 CPC was dismissed. He did not press petition against other orders. ... The application under Order 14 Rule 2 of the CPC says that since a preliminary objection was taken in regard....
Therefore, it is not a case of oral termination. ... He did not raise any objection about his termination either before 9. ... This shows that despite having been fully aware of his oral termination, he did not prefer proper remedy as is permissible in law. ... Therefore, he was asked not to come which was treated as oral#....
The submission advanced is, the statutory period of 30 days for fling the written statement, is permitted to be ettended at the discretion of the Court, on suffcient cause being shown, and the written statement can be permitted to be fled within a period of 120 days. ... 9. ... In the wake of this, it was not possible for the defendants to fle the written statement and....
any such objection at a later stage. ... The Law Commission in it’s report observed thus :- “In dealing with the question of oral ... It contemplates submission of separate case statements by which p style="position:absolute;white-space:pre;margin:0;padding:0;top
to file a written statement prior to the order passed under Order VIII Rule 10 CPC by the trial court despite 9 to 10 dates being fixed prior to that order. ... It was noted that the defendant-petitioner stated that his son was suffering from a disease from 8.2.2018 to 15.4.2018 because of which he could not file the written statement in the original suit but the defendant-petitioner did not#HL_....
Per contra, the same is one of discretion, in the considered opinion of this Court. A Court of Law must be extremely cautious in exercising its discretionary powers under O.8 R.9 of CPC. The grant of leave under O.8 R.9 of CPC is not mandatory.
9. The submission of written arguments is in addition to the oral arguments at the discretion of the Court but are not mandatory in nature. No penalty or any consequence for non filing the written statement within time allowed has been prescribed.
His contention is that the appellant case raise such objection only in application under O. 9 R. 13 CPC to set aside an exparte decree. 13. Mr. Virendra Singh relying on Bhanu Kumar's case and Ramjeet Singh's case (Supra) contended that objection regarding improper service of summons/notices cannot be raised and looked into before first appellate Court in an appeal against an exparte decree.
13. Mr. Virendra Singh relying on Bhanu Kumar's case and Ramjeet Singh's case (Supra) contended that objection regarding improper service of summons/notices cannot be raised and looked into before first appellate Court in an appeal against an exparte decree. His contention is that the appellant case raise such objection only in application under O. 9 R. 13 CPC to set aside an exparte decree.
The Court below is directed to proceed with the application according to law and on merits. The application filed under O. 9, R. 13, C. P. C. is maintainable.
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