AI Overview...
- Delay Examination under Order 9 Rule 13 - Main points and insights:
- The provision allows setting aside ex parte decrees due to negligence or absence of parties, often requiring a sufficient explanation for delay (e.g., medical reasons) G. Visweshwarudu VS State Bank of India - Andhra Pradesh.
- Courts emphasize the importance of day-to-day proceedings and timely appearance of parties to prevent delays; inaction or negligence can lead to dismissal of applications to set aside decrees after inordinate delays Zahoor Bee VS Unkonda Venkataiah (Died) - Andhra Pradesh, BADRI BHAGAT JHANDEWALAN TEMPLE VS DELHI DEVELOPMENT AUTHORITY - Delhi.
- Delay beyond a reasonable period (e.g., over five years) without proper explanation is generally not maintainable for setting aside ex parte decrees BADRI BHAGAT JHANDEWALAN TEMPLE VS DELHI DEVELOPMENT AUTHORITY - Delhi.
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Applications under Order 9 Rule 13 must be supported by valid reasons; mere negligence or failure to appear without explanation is insufficient to justify setting aside a decree G. Visweshwarudu VS State Bank of India - Andhra Pradesh, BADRI BHAGAT JHANDEWALAN TEMPLE VS DELHI DEVELOPMENT AUTHORITY - Delhi.
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Legal procedures and court practices:
- Courts maintain detailed records and pursue cases daily to avoid unnecessary delays; failure to appear or negligence leads to dismissal or denial of applications Zahoor Bee VS Unkonda Venkataiah (Died) - Andhra Pradesh, BADRI BHAGAT JHANDEWALAN TEMPLE VS DELHI DEVELOPMENT AUTHORITY - Delhi.
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The burden of proof lies on the applicant to show valid reasons for non-appearance and delay, including medical or other excusable circumstances G. Visweshwarudu VS State Bank of India - Andhra Pradesh.
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Analysis and Conclusion:
- Under Order 9 Rule 13 of the Civil Procedure Code, delay in setting aside ex parte decrees is scrutinized strictly. Courts require substantial, acceptable reasons for non-appearance or delay, and inordinate delays without justification are unlikely to be condoned.
- Regular day-to-day proceedings and diligent case management are crucial to prevent delays; courts discourage laxity and emphasize timely action to uphold judicial efficiency.
- Overall, delay has to be examined meticulously, with courts balancing the need for justice against the risk of undue prejudice due to delayed applications G. Visweshwarudu VS State Bank of India - Andhra Pradesh, Zahoor Bee VS Unkonda Venkataiah (Died) - Andhra Pradesh, BADRI BHAGAT JHANDEWALAN TEMPLE VS DELHI DEVELOPMENT AUTHORITY - Delhi.
References: - Civil Procedure Code, Order 9 Rule 13 and related provisions. - Judicial precedents emphasizing timely conduct and valid reasons for delay. - Case law illustrating the importance of prompt action and acceptable explanations for delay.
Search Results for "Delay has to be Exmained on Day to Day Basis Order 9 Rule 13"
1985 0 Supreme(AP) 161 • India - Andhra Pradesh
K.RAMASWAMY
Civil Procedure Code, Order 9 Rule 13 - Application to set aside the exparte decree filed along with a petition to condone the delay ... in filing the appeal - Delay condoned on the basis of the medical certificate produced by the petitioner - Dismissal of the application ... application to set aside the exparte decree The self-same reasons are the reasons for his failure to appear in the court on the day
2006 0 Supreme(AP) 131 • India - Andhra Pradesh
L.NARASIMHA REDDY
Civil Procedure Code, 1908 – Order 9 Rule 9, 13 – Appellant –Application of the adage – stitch in time, ... to proceed with the trial of the matter on day-to-day basis, once the parties or their Counsel appear before it there is no co-operation ... A. is allowed, and the order under appeal is set aside to avoid further delay in the matter is allowed and the trial Court is directed ... No. 431 of 1993, under #HL_STA....
2003 0 Supreme(Del) 429 • India - Delhi
J.D.KAPOOR
Civil Procedure Code, 1908 - Order 9 Rule 13 — Setting aside ex parte decree — Negligence of defendant — None appeared on behalf ... 9, Rule 13 of CPC to set aside decree after an unexplained inordinate delay of more than five years — Not maintainable — Judgment ... It has a staff and officers who maintain the record of each case and pursue on day today basis. ... It has moved an application under Order#H....
1984 0 Supreme(MP) 268 • India - Madhya Pradesh
R.S.PATHAK, RANGANATH MISRA
One of the daughters when examined as a witness in the proceeding under Order 9. Rule 13, had deposed that way. ... 9, Rule 13 of the Code. ... On July 7, 1979, the wife applied under Order 9, Rule 13 of the Code along with an application under Section 5 of the limitation
2024 Supreme(Online)(CAT) 17914 • India - Central Administrative Tribunal
Ranjana Shahi, J, Lok Ranjan, ACJ
(A) Primary authorities and references relevant to the case: { • RS(D&A) Rules-1968 - Rule-9 (Charge Memo under the RS(D&A) Rules ... , with interest in case of delay beyond four months. ... The Appellate Order dated 06/07.05.2015 along with the DA’s punishment order dated 31.07.2014/21.10.2014 and the Inquiry Report dated ... Pursuantly, the Applicant was placed under suspension vide Order dated 16.10.2012 – that eventually got revoked vide Order dated 15.01.2013 ;....
2007 1 Supreme 133 • India - Supreme Court
S.H.KAPADIA, ARIJIT PASAYAT
It did not challenge the order of the High Court dated 10.9.99 passed in C.M.P. No.26/99. ... We have examined the records. ... (Para 13) ... ... He did not call upon the arbitral tribunal to rule on its jurisdiction. On the contrary, it submitted to the jurisdiction of the arbitral tribunal. It also filed written arguments. It did not challenge the order of the High Court dated 10.9.99 passed in C.M.P. No.26/99. ... We have examined the records. ....
1984 0 Supreme(AP) 230 • India - Andhra Pradesh
P.RAMACHANDRA RAJU, PUNNAIAH
ARBITRATION - AWARD - SETTING ASIDE - LIMITATION - CONDONATION OF DELAY - PRINCIPLES OF O. 9, R. 13, C. P. C. ... Issues: Whether the provisions of O. 9, R. 13, C. P. ... Finding of the Court: The Court held that the provisions of O. 9, R. 13, C. P. ... No. 539 of 1983 under O. 9 R. 13. C. P. C. for setting aside the ex parte decree passed in O. S. No. 214 of 1982 with a petition. I. A. No. 538 of 1983 for condonation of #HL_STAR....
2014 0 Supreme(Mad) 2549 • India - Madras
S.MANIKUMAR, V.S.RAVI
Finding of the Court: The court examined the relevant provisions of Act 14 of 1982 and the principles laid down by ... The court examined the relevant provisions of Act 14 of 1982 and the principles laid down by various judicial precedents on the distinction ... between "public order" and "law and order." ... As a general rule, however, the effect of defining a period in such a manner is to exclude the first day and to include the last day." ... 12. ... Section #HL_....
1993 0 Supreme(AP) 534 • India - Andhra Pradesh
A.GOPAL RAO
A-1 agreement within one month from to-day. ... A-5 dated 27-9-1978. 4. ... A-5 and A-6,. dated 27-9-1978, about the agreement to sell, dated 19-9-1976, Ex. ... ... ( 13 ) IN order to establish that defendants 4 and 5 are bona fide purchasers for value without notice of the agreement, Ex. A-1 in favour of the plaintiff, the burden heavily rests on defendants 4 and 5. ... A-1 agreement within one month from to-day. Plaintiff shall also deposit the required stamp paper....
2025 Supreme(Online)(Kar) 18549 • India - Karnataka High Court
For easy reference Order XVII, Rule 2 and 3 of CPC are reproduced as under: "Order 17, Rule 2: Procedure if parties fail to appear on day fixed: Where, on any day to which the beating of the suit is adjourned, the parties or any of them fail to appear, the ... Order-XVII, Rule- 2 and 3 of the CPC. ... It is therefore clear that if on a date fixed, one of the parties remain absent and for that party no evidence has been examined up t....
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