AI Overview...
-
Withdrawal of Application under Order 9 Rule 13 CPC - The withdrawal of an application under Order 9 Rule 13 CPC is permissible and allows the appellant to pursue the first appeal. Courts have allowed such withdrawals and clarified that once the application is withdrawn, the appeal process can continue. Rukmani Devi VS Ashok Kumar - Punjab and Haryana
-
Maintainability of Appeal against Ex Parte Decree - An appeal against an ex parte decree is generally not maintainable if the application under Order 9 Rule 13 CPC is disposed of on grounds other than withdrawal of the appeal. The application under Order 9 Rule 13 is specific to setting aside ex parte decrees, and its disposal affects the appeal's maintainability. Pratap Rai VS Sohan Lal - Rajasthan, Chain Singh VS Sham Lal Sharma and Ors. - Jammu and Kashmir, Chanda Biswas, W/o Sri Biswajit Purkayastha VS Biswajit Purkayastha, S/o Late Bipul Chandra Purkayastha - Gauhati
-
Effect of Order 9 Rule 13 on Appeal Process - Once an application under Order 9 Rule 13 CPC is disposed of, particularly if the application is rejected, the appellant's remedy is limited, and further appeals are subject to the court's findings. The legal framework provides for separate remedies: one to set aside the ex parte decree under Order 9 Rule 13, and another, an appeal, which can be pursued after the application’s disposal. Chanan Singh VS Dayal Singh And Ors. - Punjab and Haryana, Surinder Gaur VS V. K. Sabharwal - Punjab and Haryana
-
Procedure and Limitations - An application under Order 9 Rule 13 cannot be used as a two-pronged attack after the disposal of the original application or decree. Such applications are not competent once the case is disposed of, emphasizing the importance of timely filing and disposal of applications under this rule. Girver Dayal Ganda Ram VS Raghunath Sahai Etc. - Punjab and Haryana
-
Explanation and Clarification - The explanations added to Order 9 Rule 13 clarify that the scope of the rule is limited to setting aside ex parte decrees and that the appeal process is separate. The law distinguishes between setting aside decrees via applications and appeals against final orders. PRATA. P RAI VS SOHAN LAL - Rajasthan, Ramchandra Ambaji Gite VS Madhukar Vinayak Limaye & another - Bombay
Analysis and Conclusion:
Order 9 Rule 13 CPC primarily deals with the setting aside of ex parte decrees through an application. Once such an application is withdrawn or rejected, the appellant's remedy is generally an appeal against the final decree or order. The law permits withdrawal of the application under Order 9 Rule 13, enabling the pursuit of the first appeal. However, after disposal of the application or decree, further applications under this rule are generally not maintainable, and the process emphasizes timely and proper filing. The explanations and case law reinforce that Order 9 Rule 13 is a specific remedy for setting aside ex parte decrees, and its interplay with appeals is well-defined.
Search Results for "Order 9 Rule 13 Cpc Withdrawal of Appeal"
2023 0 Supreme(P&H) 870 • India - Punjab and Haryana
HARKESH MANUJA
allowed the withdrawal of the application under Order 9 Rule 13 CPC and permitted the pursuit of the first appeal. ... Ratio Decidendi: The withdrawal of the application under Order 9 Rule 13 CPC and permission to pursue the first appeal was ... Withdrawal of Application - Civil Procedure - Order 9....
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 ... had been disposed of on a ground other than withdrawal of appeal. ... The petitioner applied for setting aside the ex parte decree under Order 9, Rule 13, CPC#HL_E....
2015 0 Supreme(J&K) 575 • India - Jammu and Kashmir
N.PAUL VASANTHAKUMAR
Issues: Challenge to judgment and order, withdrawal of appeal, disposal of application under order 9 Rule 13 CPC, maintenance ... Order 9 Rule 13 CPC - Revision Petition - The court directed the trial court to dispose of the application seeking to set aside ... Fact of the Case: The respondents filed an application under order 9#HL....
2017 0 Supreme(Gau) 423 • India - Gauhati
AJIT SINGH, MANOJIT BHUYAN
Code of Civil Procedure, 1908 - Order 9 Rule 13 - Family Court Act, 1984 - Section 19 - Divorce case – Maintenance ... rejecting the prayer of appellant declining to set aside the ex-parte judgment and order dated calling for interference - Appeal ... there is no chance of reunion - As such, Court are of the considered view that the Family Court has rightly passed the impugned order ... This Court vide order dated 27.06.2014 gave li....
1998 0 Supreme(P&H) 1294 • India - Punjab and Haryana
V.K.JHANJI
ORDER 9 RULE 13, C.P.C. - EXPLANATION - ORDER 9 RULE 13, C.P.C. ... ORDER 9 RULE 13, C.P.C. ... 9 Rule 13, C.P.C. ... 9 Rule 13, C.P.C. ... In view of the provision contained in the Ex....
2004 0 Supreme(P&H) 887 • India - Punjab and Haryana
M.M.KUMAR
The Rent Controller passed a provisional order of assessment of rent, but the tenant-petitioners failed to comply with the order, ... to the execution of the ejectment order, citing the tenant-petitioners' non-compliance with the provisional order of assessment ... The court also held that the application for setting aside the order and the objections to the execution of the ejectment order were ... A.S.Khadar and Ors., 2003(1) Apex Court Judgments 100 (S.C), that after disposal of #HL....
1998 0 Supreme(P&H) 1508 • India - Punjab and Haryana
V.K.JHANJI
ACTION - WITHDRAWAL OF APPEAL - TWO PRONGED ATTACK DISCOURAGED - APPLICATION UNDER ORDER 9 RULE 13 NOT COMPETENT AFTER DISPOSAL OF ... ORDER 9 RULE 13, CODE OF CIVIL PROCEDURE - EX PARTE DECREE - SETTING ASIDE - APPEAL - EXPLANATION - EFFECT - SINGLE COURSE OF ... Issues: Whether an application under Order 9 Rule 13....
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. ... other than withdrawal of appeal. ... other than withdrawal#HL_EN....
1985 0 Supreme(Bom) 323 • India - Bombay
S.W.PURANIK
ORDER 9 RULE 13 OF THE CODE OF CIVIL PROCEDURE - SETTING ASIDE EX PARTE DECREE - ORDER 9 RULE 13A, EXPLANATION - APPEAL AGAINST ... Civil Appeal against the order rejecting the application under Order 9 Rule 13 was maintainable. ... Civil Appeal against the order rejecting the application un....
1995 0 Supreme(P&H) 697 • India - Punjab and Haryana
N.K.KAPOOR
under Order 9 Rule 13 CPC. ... till an application under Order 9 Rule 13 CPC is decided by the Court. ... Order 9 Rule 13 CPC is decided, stating that the legislature intended to provide two separate remedies, i.e., by way of an appeal ... The apex Court in Rani Choudhurys case (Supra) dilated upon the effect....
Filter by Legal Phrase
