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Gopal Krishna Behera (Advocate Orissa High Court Cuttack.)     02 June 2009

Dismissed for Default

A suit is dismissed for default - Does it amount to a decree?


 5 Replies

jayaveladvocate (Lawyer)     02 June 2009

The dismissal for default is not decree a petition to set is aside is maintiainble under Order9 Rule 2 for the failure to serve the summons. A fresh suit is maintiainble. Whereas in any other case Rule 9 of Order 9 prevents fresh suit on the same matter. Further Order XLIII Rule 1(d) provides for the CMA on the orders on Order 9 rule petition hence the appeal simpliciter can not preferred, against the order of exparte dismissal

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     02 June 2009

No dismissal of suit for default does not amount to decree.

ASHUTOSH (lawyer)     02 June 2009

dismissed is default suit can be various ground like if plaintiff not present or ot take apprpriate steps as per the direction of court like process fee did not file etc. it doesnot mean suit is decree any one can if he has cogent reasen the court can revive the suit on its same no suit we have to move application under order 9 r4 cpc


Delhi High Court 

Deekshitulu.V.S.R (B.Sc, B.L)     02 June 2009

It cannot be a decree. The oly option is to get the same restored under the provision of O 9 of C.P.C

ashoksaini (advocate)     06 August 2009

No, dismissal of suit in defult  is not a decree. Since it is not an adjudication.Hence no decree can be passed.

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