AI Overview...
-
Maintainability of Application under Order 9 Rule 13 - Generally, an application under Order 9 Rule 13 for setting aside an ex parte decree is not maintainable if an appeal against the same decree is pending or has been dismissed. Courts have consistently held that once an appeal is filed or dismissed, the application under Order 9 Rule 13 becomes not maintainable because the matter is already under judicial consideration or finality has been reached. Gram Panchayat, Nasirpur, Tehsil And District Ambala VS Smt. Rattni Devi - Punjab and Haryana, Pratap Rai VS Sohan Lal - Rajasthan, Roshan VS Narain Ram - Rajasthan, Sheikh Ibrahim VS Shameem Begum - Madhya Pradesh, Sheikh Ibrahim VS Smt. Shameem Begum - Madhya Pradesh
-
Pending Appeal and Sine Die Adjournment - If an appeal is adjourned sine die or is pending, the maintainability of subsequent applications under Order 9 Rule 13 is generally considered not maintainable, as the appeal remains pending and the court's jurisdiction over the matter persists. Gram Panchayat, Nasirpur, Tehsil And District Ambala VS Smt. Rattni Devi - Punjab and Haryana
-
Effect of Dismissed or Finalized Appeal - Once an appeal is dismissed or concluded, applications under Order 9 Rule 13 are typically not maintainable, since the decree has attained finality or the appellate process has been exhausted. PRATA. P RAI VS SOHAN LAL - Rajasthan, Cooltech Industries VS Dena Bank - Madhya Pradesh
-
Exceptions and Court Discretion - Courts may consider the timing and circumstances; for example, if the appeal is pending or has been adjourned sine die, maintainability might be contested, but generally, the law favors dismissing such applications to prevent interference with the appellate process. Gram Panchayat, Nasirpur, Tehsil And District Ambala VS Smt. Rattni Devi - Punjab and Haryana, Pratap Rai VS Sohan Lal - Rajasthan
Analysis and Conclusion:
The prevailing legal position, supported by multiple judgments, is that an application under Order 9 Rule 13 is not maintainable if an appeal against the same decree is pending or has been dismissed. The pendency of an appeal or its finality precludes the court from entertaining such applications, emphasizing the importance of respecting the appellate process and final judgments. Therefore, Order 9 Rule 13 applications are maintainable only when no appeal is pending or has been dismissed, and the decree is still subject to the court's review.
Search Results for "If 9 Rule 13 is Maintainable if Appeal is Pending"
2010 0 Supreme(P&H) 732 • India - Punjab and Haryana
RAKESH KUMAR JAIN
not be maintainable, as an appeal adjourned sine die would be considered a pending appeal. ... of the appeal would not be maintainable, as an appeal adjourned sine die would be considered a pending appeal. ... maintainability of an application under Order 9 Rule 13 of the CPC during the pendency of an appeal against an ex parte judgment ... under Order #HL_START....
2025 Supreme(Online)(ALL) 716 • India - High Court of Allahabad
Hon'ble Rohit Ranjan Agarwal,J.
Rule 13 CPC was still pending. ... Rule 13 CPC was not dismissed - Court directs issuance of necessary formal order for filing appeal - Officer warned for future caution ... and the status of the application under Order 9 Rule 13 CPC. ... Act has been dismissed by the Court below, as such, an appeal under Order 43 Rule 1 (d) CPC would lie, and not Matters under Article 227. ... Learned counsel fo....
2023 0 Supreme(Chh) 91 • India - Chhattisgarh
GOUTAM BHADURI, N. K. CHANDRAVANSHI
Civil Procedure Code, 1908 – Order 9 Rule 13 – Section 96 – Limitation Act, 1963 – Section 5 – Appeal from ... as well as application would be maintainable amendment appellant was not noticed irregularity exists in passing of decree received ... notice of execution of decree was appeal was filed with delay in application valid reasons have been assigned – Appeal is allowed ... The subsequent issue which is raised that application under Order 9 #HL_ST....
1994 0 Supreme(MP) 906 • India - Madhya Pradesh
D.P.S.CHAUHAN
The decree was passed, and the applicants moved an application under Order 9, Rule 13 of the Civil Procedure Code for setting aside ... under Order 41, Rule 5 of the Civil Procedure Code as it was not a proceeding in appeal. ... were not proceedings in appeal. ... However, the application for recall of the order under Order 9, Rule 13, Civil Procedure Code is pending before the Court concerned. It is the duty of th....
1994 0 Supreme(Raj) 86 • India - Rajasthan
R.BALIA
ORDER 9 RULE 13 C. P. C. - ORDER 9 RULE 13 C. P. C. - ORDER 9 RULE 13 C. P. C. - Explanation added to Order 9, Rule 13, C. ... The lower appellate court dismissed the appeal, holding that the application was not maintainable because the appeal against the ... C. for setting aside an ex parte decree - Not maintainable....
1994 0 Supreme(Raj) 84 • India - Rajasthan
RAJESH BALIA
ORDER 9 RULE 13 CPC - EXPLANATION - APPEAL AGAINST EX PARTE DECREE - APPLICATION UNDER ORDER 9 RULE 13 NOT MAINTAINABLE - REASONABLE ... Issues: Whether the application under Order 9, Rule 13, CPC was maintainable after the appeal against the ex parte decree ... Finding of the Court: The Court held that the application under Order 9, #HL_STA....
2012 0 Supreme(Raj) 424 • India - Rajasthan
PRASHANT KUMAR AGARWAL
an ex-parte decree, order passed u/O. 9 R 13 cannot be said to be an order passed in a pending suit — Revision maintainable. ... petitioner filed application to set-aside the ex-parte decree before trial Court — Trial Court rejected the application — Filed appeal ... C.P.C., Sec. 115 read with Order 9 Rule 13 — Maintainability of revision petition — Ex parte decree passed by trial court — Defendant ... As the suit has already been finally decided by ....
2022 0 Supreme(Bom) 1133 • India - Bombay
NITIN B.SURYAWANSHI
The defendants filed an appeal and simultaneously filed an application under Order 9 Rule 13 seeking restoration of the suit. ... Rule 13, the withdrawal of the appeal, and the fair opportunity to contest the suit. ... on the application under Order 9 Rule 13. ... In these facts, this Court held that 'when a judgment debtor has already invoked appellate jurisdiction during the pendency of application under Order #H....
2000 0 Supreme(MP) 395 • India - Madhya Pradesh
DIPAK MISRA
Explanation of Order 9 Rule 13 of the Code, and whether the civil revision is maintainable. ... Order 9 Rule 13 - Civil Procedure - Explanation of Order 9 Rule 13 of the Code - [Order 9 Rule 13] - When an appeal against an ... Finding of the Court: The Court found that the present civil revision is not maintainable as the re....
2000 0 Supreme(MP) 394 • India - Madhya Pradesh
DIPAK MISRA
Order 9 Rule 13 - Civil Procedure - Explanation of Order 9 Rule 13 of the Code - [Order 9 Rule 13] - When an appeal against an ... Finding of the Court: The court found that the civil revision was not maintainable as the appeal had been dismissed ... Issues: The main issue was whether the civil revision was maintainable after the dismissal of the ap....
Filter by Legal Phrase
