Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Effect of - Court wrongly proceeded ex parte against defendant, as she was not served - Ex parte decree when set aside, would cease to exist and become no, est and it is no decree in the eyes of law - Decree passed by trial Court afresh on merits should be treated as decree of first Court...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Effect of - Parties are restored to the position existing prior to the date the order proceeding against defendant ex parte was passed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Pre-emption Act, 1913, Section 15 -- Ex parte decree - Setting aside - Suit for possession on the basis of right of pre-emption granted to a co-sharer - Plaintiff's right of pre-emption stood extinguished by virtue of amendment to the Act, at the date when fresh decree by Court of first instance after setting aside ex..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Limitation - It is for executing Court to decide whether restitution petition is within limitation or not - It is only the Court which passed the original decree, which can order restitution - Restitution cannot be granted by Supreme Court...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Expression `barred by any law' - `Law' includes judicial decisions of the Apex Court...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Permission - Court granting permission has to decide as to whether plaintiff, who is a juristic person, i.e., "Society" is entitled to invoke the provisions of O.1.R.8 CPC i.e. to examine the question as to whether expression "person" also includes "juristic person" - Secondly, if plaintiff is held..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Decree for possession passed in earlier suit and claim for mesne profits relinquished by plaintiff in said suit - Subsequent suit claiming mesne profits for same period which was relinquished in earlier suit is not maintainable, as by not pressing claim for mesne profits raised in earlier suit,..........
Civil Procedure Code, 1908, Section 9, Family Courts Act, 1984, Section 7, 8 -- Jurisdiction of civil Court - Suit for declaration that defendant is not legally married wife of plaintiff - Civil suit for declaration is maintainable - Suit for declaration as to legal character which includes the matrimonial status of parties to a marriage when it comes to a marriage which..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Court instead of closing right to file written statement should grant some time to defendant subject to payment of reasonable costs to compensate the inconvenience caused to plaintiff - Order by High Court allowing defendant to file written statement within the extended time by..........
Wealth Tax Act, 1957, Section 27A, Civil Procedure Code, 1908, Section 100 -- Delay in assessment - High Court set aside order of Appellate Tribunal and restored the order of assessment passed by the Assessing officer for levying penalty for delay in Assessment - Appeal filed u/s.27-A of the Act has to be decided like a second appeal u/s 100 CPC - High Court did not make..........
