Sufficient cause for non appearance
Web2 Aug 2024 · Appearance of Parties. Appearance means the appearance of the party to the suit before the court of law. This appearance can be by the party in person or through his advocates or any person along with the advocates of the party. The appearance of the parties on the date of the first hearing of the case is mentioned in Rule 1 of Order IX. WebIf the plaintiff or a defendant, when ordered to appear in person, do not appear before the court and neither show the sufficient cause for his non-appearance, the court is empowered under Rule 12 of Order IX as follows. If the plaintiff does not appear, dismiss the suit. If the defendant does not appear, pass an ex-parte order.
Sufficient cause for non appearance
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http://kenyalaw.org/caselaw/cases/view/119790/ Web11 Oct 2024 · Where the suit has been dismissed, Art. 74(2) provides that the plaintiff or appellant may have the order of dismissal set aside if he shows that there was, "sufficient …
Granting adjournments liberally is not the intention of the Legislature and it is against the public policy of early disposal (Abdul Hannan v. Chandra Sekhar Patra). Courts must not succumb to delaying tactics by granting adjournment in lighter vein (N.P. Aggarwal v. Prescribed Authority; Additional Judge Small Cause … See more The code of civil procedure, 1908 (hereinafter referred to as the code) has been able to strike a balance between the rights and duties of plaintiffs and defendants in … See more The Supreme Court also gave certain principles which the Courts are bound to follow while adjudicating upon the issue relating to condonation of delay. These are … See more Section 5 does not say that such discretion can be exercised only if the delay is within a certain limit. The number of days of delay does not matter, the court has … See more Sufficient cause for the purpose of Order 9 Rule 13 has to be construed as elastic expression for which no hard and fast guidelines can be prescribed. The Courts … See more Webthere was sufficient cause for non-appearance of the applicant on. 24/08/2014 when Civil Suit No.443 of 2016 came up for mention and ... explanation about non-appearance does not suffice as sufficient cause See National Insurance Corporation Vs Mugenyi and Nakiridde Vs Hotel International Ltd [19871 85. The 1st respondent further stated
Web20 Jul 2024 · If the plaintiff or the defendant fail to appear in the court and furthermore also fail to produce any sufficient cause for their absence the court is empowered under Rule … Weband/or existence of a sufficient cause for nonappearance of the defendant. 8. In this case, the question is when the defendant did not avail the remedy under Rule 13 of Order IX of CPC, whether it is open for him to agitate in the regular appeal against the decree that the trial court had no justification for ...
WebYes you can reopen the case, subject to lot of terms and condition. what stops you from reopening is a doctrine known as doctrine of preclusion which put a bar to litigate for the …
Web(2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Commission, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period: excel arms firearmsWeb10 Mar 2024 · Order IX of the Code of Civil Procedure deals with the Non-appearance of the Parties and such default may have the effect of the dismissal of the suit or ex-parte … excel ark ny ferielovWeb1 May 2024 · In matter pertaining to the Civil Procedure Code (CPC), if sufficient cause is not provided for the absence during the hearing summons then the court shall not impugn the ex-parte judgment which stood challenged. It was thus observed in the matter of M/S Hira Sweets & Confectionary Pvt. Ltd. v Hira Confectioners CS(COMM) 17/2024 before […] bryce edwards owassoWeb17 Aug 1995 · Sen, the learned senior counsel also contended that the cause shown by the applicant is not sufficient cause and, therefore, the application deserves to be dismissed. … bryce educationWeb21 Nov 2013 · 8. We have carefully considered the rival submissions and perused the record. Under proviso to Rule 24 of the Appellate Tribunal Rules the assessee has to show that there was sufficient cause for his non-appearance and only in the event of proving sufficient cause for non-appearance, ex-parte order passed by the Appellate Tribunal can be restored. bryce egbert cpaWeb17 Feb 2024 · These provisions make it clear that “sufficient cause” is the key requirement and that “circumstances beyond the control” of the party is what should drive the … excel area graph smooth curveWebProcedure where defendant only appears, Decree against plaintiff by default bars fresh suit, Procedure in case of non-attendance of one or wore of several plaintiff's, Procedure in … excel arithmetic average