AI Overview...
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Order 9 Rule 7 - Good Cause Requirement: The courts consistently emphasize that an application under Order 9 Rule 7 must demonstrate 'good cause' for non-appearance or non-compliance. The determination of 'good cause' is discretionary and depends on the facts of each case, including reasons such as negligence of counsel or unavoidable circumstances S.Kalavathy vs ARULMIGU MARIAMMAN VIGRAHAM - Madras, M/S.G.K.GRANITES Vs VINSONS PROJECT INDIA PVT.LTD & OTHERS - Kerala, Madan Mohan Ahuja VS Union Of India - Punjab and Haryana, Abdul Rasheed Paddar VS Pramod Sood - Himachal Pradesh.
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Timeliness and Justifiability: Applications under Order 9 Rule 7 are only entertained if they are filed within the appropriate time frame and are justified by valid reasons. Delay or lack of proper cause can lead to dismissal S.Kalavathy vs ARULMIGU MARIAMMAN VIGRAHAM - Madras, 011000185102021.
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Discretionary Power of Courts: Courts exercise discretion when evaluating whether 'good cause' exists, and this discretion is exercised based on the merits and circumstances of each case. The courts reaffirm that this discretion must be exercised judiciously and not arbitrarily M/S.G.K.GRANITES Vs VINSONS PROJECT INDIA PVT.LTD & OTHERS - Kerala, OM CHAND VS PIUS SWAMI - Delhi.
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Consequences of Not Having Good Cause: If the applicant fails to establish good cause, the application under Order 9 Rule 7 is liable to be dismissed. For instance, in cases where negligence or delay is proven without sufficient reason, courts have dismissed such applications Pavan Kumar Nath VS Rashmi Mukhi - Uttarakhand, 011000185102021.
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Impact of Ex Parte Orders: When defendants do not appear and an ex parte order is passed, they can file an application under Order 9 Rule 7 to set aside the order if they can show good cause for their non-appearance. The courts have upheld that such applications are maintainable if the cause is genuine and timely SURAJ PRAKASH JAIN VS CHANDER PRAKASH JAIN - Delhi, Abdul Rasheed Paddar VS Pramod Sood - Himachal Pradesh.
Analysis and Conclusion:
The overarching principle is that applications under Order 9 Rule 7 are subject to the demonstration of 'good cause' for non-appearance or default. The courts exercise their discretionary power to assess whether the cause is sufficient, timely, and justifiable. Failure to establish good cause typically results in dismissal of the application. Therefore, dismissing an application under Order 9 Rule 7 for not having good cause is consistent with judicial practice, provided the applicant fails to substantiate valid reasons for their default various references.
Search Results for "Dimissed the Application under Order 9 Rule 7 for Not having Good Causes"
2015 0 Supreme(AP) 319 • India - Andhra Pradesh
M.SEETHARAMA MURTI
Civil Law – Code of Civil Procedure, 1908 – Order XLIII – Rule (1)(r) – Temporary injunction – Defendants ... court is satisfied that balance of convenience is not in favour of the appellants/defendants – Civil Miscellaneous Appeal is dismissed ... of land is finalised, it is for the Government to take steps to do so and it is not for defendants to plead cause of the Government ... The s....
2024 Supreme(Online)(MAD) 13456 • India - High Court of Madras
Hon`ble Mr.Justice K.MURALI SHANKAR
order under Order 9 Rule 7, the application must be entertained only if it is timely and justifiable, particularly when the main ... Civil Procedure - Order 9 Rule 7 - CPC - The court applied Order 9 Rule 6 and 7 of the Code of Civil Procedure, i....
2010 Supreme(Online)(KER) 38619 • India - High Court of Kerala
THOMAS P.JOSEPH, J
Ratio Decidendi: The court reaffirmed that the determination of 'good cause' under Order 9 Rule 7 is discretionary and must ... an ex parte order under Order 9 Rule 7 and emphasized the discretionary power exercised by the learned Sub Judge, upholding the ... Injunction - Prohibitory Injunction - C....
• India - High Court of Himachal Pradesh
MR. TARLOK SINGH CHAUHAN, J
(A) Civil Procedure Code - Order 9 Rule 7 and Section 151 - Application for setting aside ex parte order - Petition filed after four ... of periods of limitation on applications - The application under Order 9 Rule 7 is governed by Article 137 which provides three ... ... ... Iss....
1981 0 Supreme(Del) 260 • India - Delhi
SULTAN SINGH
The defendant later filed an application under Order 9 rule 7 alleging good cause for non-appearance. ... Issues: The issue was whether the defendant's application under Order 9 rule 7 was barred by time and whether there was good ... was filed in accordance with....
1999 0 Supreme(P&H) 1034 • India - Punjab and Haryana
V.S.AGGARWAL
- Good cause for non-appearance - Negligence of counsel - Whether sufficient cause - Interpretation of Order 9 Rule 7 CPC - Discretion ... Ratio Decidendi: The court interpreted Order 9 Rule 7 CPC and held that the expression "assigns good cause" means an act or ....
2023 0 Supreme(UK) 668 • India - Uttarakhand
VIVEK BHARTI SHARMA
Order 9 Rule 7 - Civil Procedure Code - 27.10.2017 - The court dismissed the application moved by the revisionist ... The revisionists/defendants were proceeded ex parte by the trial court, and their application under Order 9 Rule 7 read with Section ... under Order 9#HL_....
1968 0 Supreme(Del) 86 • India - Delhi
T.V.R.TATACHARI
ABOLITION ACT - SECTION 11 - ORDER 9 RULE 7 CPC - MAINTAINABILITY OF SECOND APPLICATION - INHERENT POWER OF COMPENSATION OFFICER ... Whether a second application under Order 9 Rule 7 CPC for setting aside an ex parte order in such proceedings is maintainable? ... Even if the CPC provisions apply, th....
1997 0 Supreme(Del) 248 • India - Delhi
M.K.SHARMA
The defendants filed an application under Order 9 Rule 7 for setting aside the ex parte order. ... CIVIL PROCEDURE CODE - ORDER 9 RULE 7 - EX PARTE ORDER - SETTING ASIDE - GOOD CAUSE SHOWN - DEFENDANTS ENTITLED TO PARTICIPATE ... filed by them under Orde....
2015 0 Supreme(HP) 1494 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN
Act] - The court discussed the application under Order 9 Rule 7 CPC, the concept of 'good cause' for non-appearance, and the discretion ... Ex-parte Order - Eviction Petition - Order 9 Rule 7 CPC - [Order 9 Rule 7#HL_E....
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