AI Overview...
- Order 9 Rule 13 - Review of Ex Parte Decree
Main points and insights: - Order 9 Rule 13 of the Civil Procedure Code (CPC) provides the procedure for setting aside ex parte decrees. It is primarily a procedural remedy rather than a substantive right Karra Venkatamma VS Karra Seethaiah - Andhra Pradesh.
- Applications under Order 9 Rule 13 must be filed within the prescribed time limit; delays can lead to rejection, and no review is permissible beyond the statutory period M/s Shrikishan & Company through Proprietor, Sushil Agrawal VS Vijay Kumar Patel S/o Shri Gendram Patel - Chhattisgarh.
- A review petition filed after a significant delay (e.g., over two years) without valid reasons is generally not maintainable M/s Shrikishan & Company through Proprietor, Sushil Agrawal VS Vijay Kumar Patel S/o Shri Gendram Patel - Chhattisgarh.
- The remedy under Order 9 Rule 13 is specific and cannot be substituted by a separate suit; challenging an ex parte decree via review is a procedural step, and such applications are subject to strict procedural rules BIRAKISHORE DASH VS KANAKA DASH - Orissa, Madan Theatres Ltd. VS Ramkissen Kapoor - Calcutta.
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In some cases, courts have emphasized that if a review is dismissed, only an appeal lies, not a revision, highlighting the procedural hierarchy Deepak Aggarwal VS Gyan Chand Since Deceased Through Lrs - Delhi.
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Review vs. Other Remedies
Main points and insights: - Review under Order 47 Rule 1 is distinct from setting aside ex parte decrees under Order 9 Rule 13; review is generally available for errors apparent on the face of the record and must be filed within the prescribed period BIRAKISHORE DASH VS KANAKA DASH - Orissa, M/s Shrikishan & Company through Proprietor, Sushil Agrawal VS Vijay Kumar Patel S/o Shri Gendram Patel - Chhattisgarh.
- The legal position clarifies that review is not a substitute for appeal or a separate suit; it is an extraordinary remedy to correct apparent errors BIRAKISHORE DASH VS KANAKA DASH - Orissa, Prabha Sharma VS Judge Family Court (No. 1) - Rajasthan.
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Certain judgments or orders, such as those in arbitration or family courts, have specific procedures for review or appeal, and courts have clarified the scope of review under applicable statutes Kamladitya Constructions Pvt. Ltd. Thr. its auth. Sign. Vinod kr. Singh Late Lalan Singh VS State of Bihar - Patna, Kamladitya Construction Pvt. Ltd. VS State of Bihar - Patna.
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Legal Principles and Hierarchy
Main points and insights: - The courts have consistently held that applications under Order 9 Rule 13 are procedural and must comply with time limits; failure to do so results in rejection M/s Shrikishan & Company through Proprietor, Sushil Agrawal VS Vijay Kumar Patel S/o Shri Gendram Patel - Chhattisgarh.
- Review is an extraordinary remedy and not a matter of substantive right; it is intended to correct manifest errors, not to re-argue the case Karra Venkatamma VS Karra Seethaiah - Andhra Pradesh, BIRAKISHORE DASH VS KANAKA DASH - Orissa.
- When a review application is dismissed, the proper remedy is an appeal, not a review or a separate suit, reinforcing the procedural hierarchy Deepak Aggarwal VS Gyan Chand Since Deceased Through Lrs - Delhi.
Analysis and Conclusion:
Order 9 Rule 13 of the CPC provides a specific procedural remedy for setting aside ex parte decrees, which must be invoked within strict time limits. It is not a substantive right or a substitute for appeal. Filing a review petition after a long delay without valid grounds is generally not permissible. Courts emphasize that review is an extraordinary remedy aimed at correcting apparent errors, and once dismissed, the proper recourse is an appeal, not a separate suit. These principles uphold the procedural integrity of civil litigation and clarify that review lies within a narrow scope, distinct from other remedies like appeal or revision.
Search Results for "Order 9 Rule 13 Review Lies"
1989 0 Supreme(Ori) 203 • India - Orissa
L.RATH
The court treated the application as one under Order 9 Rule 13, CPC and held that a revision in this Court is not maintainable against ... REVIEW - EX PARTE DECREE - ORDER 47 RULE 1 CPC - APPLICABILITY - NOTICE NOT ISSUED TO LEGAL REPRESENTATIVES - ERROR APPARENT ON ... The Petitioner filed a petition for review under Order 47, Rule 1 read with Section 151, CPC, which was rejected by the Subordinate ... The former ....
1996 0 Supreme(All) 803 • India - Allahabad
S.K.PHAUJDAR
the order of dismissal of the application under Order 9, Rule 13. ... CIVIL PROCEDURE CODE - ORDER 9 RULE 13 - SECTION 151 - SECTION 115 - ORDER 47 - ORDER 43 RULE 1(D) - LIMITATION ACT SECTION 5 ... lies in an appeal under Order 43, Rule 1 (d) of the Civil Procedure Code. ... Order 47 permits an application ....
• India - High Court of Gujarat
VIPUL M. PANCHOLI, J
or review, not in a separate suit. ... (Paras 9, 13) ... ... (B) Compromise Decree - Nature and effect - No suit can be filed to challenge ... application under Order 7, Rule 11 - The suit filed by the Charity Commissioner challenging the consent decree is barred by law as ... under Order 7, Rule 11 of the Code has been rejected. ... not have been recorded, in view of Rule 1A(2) of Order XLIII. ... or satisfaction would lie under....
2024 0 Supreme(Del) 154 • India - Delhi
DHARMESH SHARMA
XXII Rule 9 of the CPC Ratio Decidendi: The court emphasized that where a decree/order is modified on review ... The suit was held to have been abated in terms of Order XXII Rule 9 of the CPC. ... , an appeal is maintainable, whereas if the review application is dismissed, only an appeal lies and not a civil revision. ... It may be reiterated that the learned Trial Court has proceeded to exercise its powers under Order#HL_....
2016 0 Supreme(Chh) 259 • India - Chhattisgarh
CHANDRA BHUSHAN BAJPAI
petition in question - Even otherwise said review petition filed after 2 years, 9 months and 2 days without any application for ... petition under the relevant provision of Order 47 Rule 1 of the Code of Civil Procedure is not permissible - On the basis of pronouncement ... of procedural part and as there is no any provision for review and against the order of Tribunal only appeal is maintainable. ... V, Rule 9 to 13 and 15 to 20, #....
2001 0 Supreme(Raj) 812 • India - Rajasthan
SHIV KUMAR SHARMA, KHEM CHAND SHARMA
Specific Relief Act - Jurisdiction of Family Court - Section 34 of the Specific Relief Act, 1963 - Order 7 Rule 1, C.P.C. - Section ... Final Decision: The miscellaneous appeal was allowed, setting aside the order of the Family Court No. 1, Jaipur and remitting ... found that the Family Court, Jaipur had jurisdiction to entertain the suit for setting aside the ex-parte decree, and set aside the order ... (i) to apply under Order 9 Rule 13, C.P.C. to....
1941 0 Supreme(Cal) 115 • India - Calcutta
GENTLE
Decree - Nullity - Order 30, Civil P.C. - Assignment - Satisfaction - Jurisdiction Fact of the Case: The plaintiff ... The remedies open to the plaintiff company were several, none of which were availed: (1) an appeal u/s 96 of the Code as being an ex parte decree, (2) an application for a review under Order 47, Rule 1 of the Code, (3) an application under Order 9, Rule 13, to set aside the, decree; the time for which ... Under the rules of the Laho....
2019 0 Supreme(Pat) 327 • India - Patna
MOHIT KUMAR SHAH
r/w Section 11(6) of the Arbitration and Conciliation Act, 1996 – Seeking review of the order of the learned single judge whereby ... the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator for resolving the dispute arose between the parties – Review ... Bihar Public Works Contract Arbitration Tribunal Act, 2008 (Bihar Act 21 of 2008) – Sections 8, 9 and 22 ... Sections 9, 10, 11, 12 and 13 of the State Act provide, the establishment of the Tribunal, its practice an....
2019 0 Supreme(Pat) 1929 • India - Patna
MOHIT KUMAR SHAH
the Arbitration and Conciliation Act, 1996 for appointment of on Arbitrator for resolving the dispute arose between the parties – Review ... Sections 9, 10, 11, 12 and 13 of the State Act provide, the establishment of the Tribunal, its practice and procedure. Section 11 of the Act deals with the power of Tribunal. Section 12 provides that Tribunal has power to review its award and revision lies to the High Court. ... The review petition stands allowed on the aforesaid terms. ... :–The....
• India - Andhra Pradesh
CHANDRA REDDY, JAGANMOHAN REDDY
Whether Order 9, rule 13, Civil Procedure Code, is a substantive right or a matter of procedure? 2. ... HINDU MARRIAGE - DISSOLUTION - EX PARTE DECREE - SETTING ASIDE - PROCEDURE - APPLICABILITY OF ORDER 9, RULE 13, CIVIL PROCEDURE ... The court further held that Order 9, rule 13, Civil Procedure Code, which provides for setting aside ex parte decrees, is a matter ... 9....
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