What is the order 9?
Rule 2 of Order IX also holds that when the plaintiff fails to pay costs for service of summons to the defendant then the suit may be dismissed. But, no dismissal can be made even in the presence of such failure if the defendant appears on the day of hearing either in person or through his pleader.
What is a Rule 9?
Rule 9 of the Federal Rules of Criminal Procedure is closely related to Rule 4. Rule 9 deals with arrest procedures after an information has been filed or an indictment returned. The present rule gives the prosecutor the authority to decide whether a summons or a warrant shall issue.
How many orders are there in Civil Procedure Code?
51 Orders
The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India. The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules.
When the Court dismissed the suit under Rule 2 and 3 of the Order IX of the CPC the plaintiff may?
Where a suit is dismissed under rule 2 or rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit; or he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for such failure as is referred to in rule 2, or for his non-appearance, as …
What is Section 9A of CPC?
Section 9A provided that where an application has been made for granting or setting aside an order granting any interim relief in a suit, if either of the parties challenge the jurisdiction of the Court to entertain the suit, the Court would have to decide the preliminary issue of jurisdiction before deciding the …
How does Emergency Rule 9 work?
Emergency rule 9 is intended to apply broadly to toll any statute of limitations on the filing of a pleading in court asserting a civil cause of action. The term “civil causes of action” includes special proceedings.
What is difference between section and order?
Thus a Section provides all the provisions related to the general principles of the civil jurisdiction whereas the order prescribes the procedures and the methods that are required to proceed with the civil cases.
What are the rules of Civil Procedure Code?
The Orders and Rules of Civil Procedure Code prescribe procedures and methods that govern civil proceedings in the country. Rule 1. Who may be joined as plaintiffs. Rule 3. Who may be joined as defendants. Rule 9. Mis-joinder and non-joinder. Rule 10. Suit in name of wrong plaintiff. Rule 13.
What is Rule 6 of code of Civil Procedure 1908?
Rule 6 Order IX of Code of Civil Procedure 1908 “Procedure when only plaintiff appears”
How does order 9, rule 7 affect litigation?
Order 9, Rule 7 does not put an end to the litigation nor does it involve the determination of any issues in controversy in the suit.
What is Rule VII of the Civil Procedure?
Order VII Rule 1 (e) provides that the plaint should contain the particular facts constituting the cause of action and when it arose—Departure from pleading or improvement in the plaint story is fatal. Material fact not incorporated in the plaint—cannot be pleaded as it does not offer opportunity to defendant to controvert it.