or9 rule 4

Querist : Anonymous (Querist) 10 September 2010 This query is : Resolved
I was told that there is an apex court judgements regarding that if order 9 rule 4 petition is filed within limitation it can be allowed by dispensing notice to the other side

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s.subramanian (Expert) 11 September 2010
Yes. You are right. Notice is not necessary to the defendant for a proceeding Under Order 9 Rule 4 CPC. There is no limitation period also for filing the petition under order 9 rule 4 .

s.subramanian (Expert) 11 September 2010
I am sorry that my opinion on the question of limitation is not correct in view of the judgment of the supreme court of india reported in AIR 2006 Sc 2712 and 2006 Vol 6 SCC 569 which lays down that there is limiation period and Sc.5 Limitation Act can be invoked for condonation of delay. I wish to state that my earlier opinion on this point was based on the judgment of the Karnataka High Court which is no more valid in view of the supreme court judgment abovesaid.On the point of notice I stand by my earlier opinion and there is no change in that regard. I regret for the incovenience caused in this regard to the query maker.

Advocate Rajiv Mishra (Expert) 11 September 2010
if there is no application for delay condonation i.e. sc.5 limitation act, no notice is required to opp. party in app. o9 r5.

Advocate Rajiv Mishra (Expert) 11 September 2010
sorry type error o9 r4.

M/s. Y-not legal services (Expert) 17 September 2010
if your petition in time mean no need to given notice to other side.. u/o-9, r-4

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