AI Overview...
Civil Code Order 9 Rule 7
-
Service of Summons and Setting Aside Ex-Parte Orders
Order 9 Rule 7 of the Civil Procedure Code (CPC) primarily deals with the setting aside of ex-parte decrees or orders and the procedure for filing applications to do so. Several cases highlight its application in different contexts: -
Application to Set Aside Ex-Parte Proceedings
Courts have allowed applications under Order 9 Rule 7 to set aside ex-parte proceedings, emphasizing the importance of providing a fair opportunity to defendants who missed the initial hearing due to valid reasons (e.g., KHAZAN VS UNION OF INDIA - Delhi, Mangalchand Ostwal vs Jawahira Nabi - Madras, JAIPUR DEVELOPMENT AUTHORITY Vs. M/S RAJENDRA SINGH BHAMBU INFRA PRIVATE LIMITED - Rajasthan). -
Filing of Written Statements Post Judgment or After Posting for Judgment
The rule has been invoked to permit defendants to file written statements even after the matter has been posted for judgment, provided the application is made within the prescribed period and with valid reasons (e.g., JAHIDA AHMED W/O LT. ASRAF AHMED VS SAYERA AHMED AND ANR. D/O LT. USUF AHMED - Gauhati, Shri Chaitanya Nagoso Niranjan & Anr. vs M/s Krishiratna Cold Storage and Ors. - Bombay). -
Condoning Delays and Validity of Applications
Courts have exercised discretion to condone delays and admit applications under Order 9 Rule 7 to prevent miscarriage of justice, especially where defendants demonstrate a meritorious defense or procedural lapses (Ajay Aggarwal VS Narinder Kumar - Himachal Pradesh, Vanitha vs Karunadevi - Madras). -
Legal Limitations and Proper Remedies
It is clarified that applications under Order 9 Rule 7 are not maintainable on the date of judgment itself; instead, the proper course is to wait until judgment is delivered and then seek relief under Order 9 Rule 13 if necessary (Vobilineni Sri Raghuram VS Vobilineni Likitha - Andhra Pradesh). -
Judicial Discretion and Constitutional Provisions
Some judgments have considered constitutional provisions, such as Article 227 of the Constitution of India, to examine the legality of orders allowing or refusing applications under Order 9 Rule 7, emphasizing judicial review and procedural fairness (GLORY Warden, Annai Lourdes Girls Higher Secondary School vs Minor Mathumathi - Madras, JAIPUR DEVELOPMENT AUTHORITY Vs. M/S RAJENDRA SINGH BHAMBU INFRA PRIVATE LIMITED - Rajasthan).
Analysis and Conclusion
Order 9 Rule 7 CPC is a vital procedural provision that facilitates the setting aside of ex-parte orders and allows defendants to file written statements after the initial proceedings, ensuring substantive justice. Courts have demonstrated flexibility in permitting such applications, especially when justified by reasons like non-appearance, procedural lapses, or inability to file documents timely. However, the rule's application is subject to procedural limits, such as the timing of the application relative to judgment, and courts exercise discretion to prevent abuse. Overall, Order 9 Rule 7 serves as a safeguard to uphold the principles of natural justice and fair trial.
References:
- Kamal Kant VS Jain Mandir Parath Nath - Punjab and Haryana
- Ajay Aggarwal VS Narinder Kumar - Himachal Pradesh
- JAHIDA AHMED W/O LT. ASRAF AHMED VS SAYERA AHMED AND ANR. D/O LT. USUF AHMED - Gauhati
- Shri Chaitanya Nagoso Niranjan & Anr. vs M/s Krishiratna Cold Storage and Ors. - Bombay
- KHAZAN VS UNION OF INDIA - Delhi
- Vanitha vs Karunadevi - Madras
- GLORY Warden, Annai Lourdes Girls Higher Secondary School vs Minor Mathumathi - Madras
- Vobilineni Sri Raghuram VS Vobilineni Likitha - Andhra Pradesh
- Mangalchand Ostwal vs Jawahira Nabi - Madras
- JAIPUR DEVELOPMENT AUTHORITY Vs. M/S RAJENDRA SINGH BHAMBU INFRA PRIVATE LIMITED - Rajasthan
Search Results for "Civil Code Order 9 Rule 7"
2000 0 Supreme(P&H) 1315 • India - Punjab and Haryana
R.L.ANAND
9 Rule 7 CPC. ... 9 Rule 7 CPC. ... Service of Summons - Civil Procedure Code - Order 9 Rule 7 - Order 5 Rule 15 - Order 5 Rule 19 - [KEYWORD] - Service of Summons ... . - Petitioners Kamal Kant and Murari, defendants No. 9 and 11 respectively, have filed the present revision and it has been directed against the orde....
2014 0 Supreme(HP) 657 • India - Himachal Pradesh
RAJIV SHARMA
Procedure Code - Order 9 Rule 7 of Civil Procedure Code - Limitation Act, Article 137 - Order 22 Rule 3 or Rule 4 - Order 22 Rule ... 9 - Order 9 Rule 7 Civil Procedure Code Fact of the Case: The petitioner filed a petition under Section 14 of the H.P ... The respondent filed an application under Order 9 #HL....
2018 0 Supreme(Gau) 206 • India - Gauhati
PRASANTA KUMAR DEKA
Civil procedure Code - Order 9 - Rule 7 - Suit property – Evidence – Sharers – Accordingly appeal is allowed ... 9 Rule 7 of the CPC. ... The learned trial Court fixed 26.6.2006 for objection and hearing of the said application under Order 9 Rule 7 of the CPC which was numbered as Petition No. 1345/2006 dated 5.6.2006. ... Armed by the said liberty given by this Court, the defendant appellant on 5....
• India - Bombay High Court
M. S. SONAK, J
The judgment addresses the legality of a trial court's order allowing the respondents to file written statements after condoning ... This is significant because the provisions of Order 9 Rule 7 of the CPC were pressed in the service for the contention that once the matter was posted for judgment, learned trial judge lacked jurisdiction to even entertain an application seeking leave to file written statement. ... Rule. Rule is made returnable forthwith in view of #HL_S....
2001 0 Supreme(Del) 1461 • India - Delhi
P.C.JAIN
Order 9 Rule 7 - Setting Aside Ex-Parte Proceedings - Civil Procedure Code - [Order 9 Rule 7] - The court allowed the defendant's ... application under Order 9 Rule 7 Civil Procedure Code and set aside the ex-parte proceedings. ... The trial court allowed the defendant's application under Order 9 Rule 7, sett....
2025 Supreme(Online)(Mad) 22583 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Vijayakumar, J
to allow an application under Order 9 Rule 7 of the C.P.C. ... This judgment concerns a Civil Revision Petition filed under Article 227 of the Constitution challenging the trial court's order ... The Civil Revision Petition has thus been disposed of. ... According to the learned counsel appearing for the revision petitioner, the trial Court has already held that P.W.1 can be cross examined, in view of the fact that the application filed under Order #....
2025 Supreme(Online)(Mad) 58622 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.JOTHIRAMAN, J
(Paras 5-10) ... ... (B) Civil Procedure Code - Order 9 Rule 7 - Conditional orders and applications ... (A) Constitution of India - Article 227 - Civil revision petition against an ex parte order - The defendants, challenged the ex parte ... ... ... Result: Civil revision petition stands allowed. ... Aggrieved over the ex parte order dated 02.04.2025, the defendants have filed an application in I.A.No.3 of 2025 in O.S.No.58 of 2021 under #HL_STA....
2024 0 Supreme(AP) 1207 • India - Andhra Pradesh
RAVI NATH TILHARI, NYAPATHY VIJAY
(Paras 7, 8, 9) (C) Civil Procedure Code - Order 9 Rule 7 - Application filed on the judgment date is not maintainable ... The court clarified that the proper remedy is to wait for judgment delivery and then file under Order 9 Rule 13. ... (Paras 3, 5, 6, 10) (B) Civil Procedure Code - Order 9 Rule 13 - Setting aside ex-parte decree - An ex-parte ... Order #HL_S....
2025 Supreme(Online)(Mad) 63442 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. Dhanabal, J
The application seeks to set aside an ex-parte order dated 18.07.2024 based on failure to file a written statement. ... O R D E R This application has been filed by the applicants / defendants to set aside the exparte order passed against them on 18.07.2024. ... Considering the reasons stated in the affidavit filed in support of this petition and taking note of the fact that the applicants are unable to file those documents and they were able to get the documents only now and in order to provide a fair chance to defend their case, it is a....
2025 Supreme(RAJ) 1083 • India - High Court of Rajasthan (Jaipur Bench)
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA, J
(A) Constitution of India - Article 227 - Civil Procedure Code, 1908 - Order 9 Rule 7 - Writ petition filed against the order declining ... (Paras 4-5) ... ... Facts of the case: ... The defendants filed a writ petition against the order ... 7. In view of the fact that the application under Order 9 Rule 7 a href="./.. ... Resultantly, the trial court vide order dated 10.02.2....
Filter by Legal Phrase
