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s..i..n..g..h.. (member)     17 January 2012

Can a court hold jurisdiction for order 9 rule 13 without de

i think that a court has no jurisdiction for deciding an application to set aside decree under order 9 rule 13 till first

the court condone the delay of limitation act which has occured (based on one judgment of gauhati high court)

am i right ?

whether court can give verdict simulataneously of limitation act  to condone the delay and  to set aside decree under order 9 rule 13



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 6 Replies

VINAYAGAMOORTHY (Chief Executive Officer)     18 January 2012

first instance condoning the delay,then only proceed next petition to setaside.Refer civil rules of practise  Rules 29 30.

s..i..n..g..h.. (member)     19 January 2012

please elaborate the rule 29 30 as suggested by you

venkatesh Rao (Retired Government Servant)     15 February 2012

Both issues are taken up for consideration together; but if the finding on the point of limitation is held negative  and barred by limitation, then the question of acting u/o 9 does not arise.

Advocate Bhartesh goyal (advocate)     15 February 2012

Application u/o 9 r 13 can not be decided till the delay is not condone.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 February 2012

First the delay has to be condoned than the matter will come on regular file for hearing.

kvss.prabhakar rao (Advocate )     07 March 2012

JSDN IS CORRECT


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