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sam (enginerr)     20 January 2014

meaning of 141of cpc

Our oppent was not present for last 4 hearing so junior divisional court has given certified copy in which it was writen oppent did not come for hearing in moring setion again called in evenig setion .oppent not present . Execution stands dismissed within meaning of 0.9 rule 8 r/w section section 141cpc proceeding closed". What does above statement mean.


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 3 Replies

S K KARNjhc (Legal Adviser)     20 January 2014

This is the court procedure to be adopting Under Order 9 of rule 8 due where defendent only appears like your case

sam (enginerr)     20 January 2014

DOES THAT MIN THAT WE HAVE WON THE CASE . WHEN OPONANT DID NOT COME FOR LAST HEARING ....

S K KARNjhc (Legal Adviser)     22 January 2014

No, absolutely not, we h'v to see the dismissal made on which ground whether fully or partly o ,  as it precludes an opponent from bringing a fresh suit in respecting same cause of action after which again there is O9, r.9 , where opponent having opportunity to apply for an order to set the dismissal aside, & if Court be satisfied with opponent's cause for non-appearance when the suit was called on for hearing, Court shall make an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit & shall appoint a day for proceeding with the suit. So I'm sorry not so


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