Civil Procedure Code, 1908, Order 22, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(k) -- Abatement - Maintainability of appeal - Order refusing to set aside abatement, is appealable U.O.41.R.1(k) CPC...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Appointment declined - Order is not revisable...........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 9 -- Rejection of application U.O.22.R.9 CPC by an appellate Court (not being High Court) - Order is appealable before High Court...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of restoration application - Delay of 405 days - Once there was dismissal in default it was required that restoration application was pursued vigorously and prosecuted with due diligence in right earnest - No plausible reason for delay caused in filing restoration..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Counsel for plaintiff not present - Counsel for defendant present - Plaintiff did not adduce any evidence and claim of plaintiff not admitted by defendants - In such a situation suit can only be dismissed by invoking O.9.R.8 CPC - Plaintiff thus can seek restoration of suit U.O.9.R.9 CPC - Court in such a..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Commissioner can be appointed before issues are framed or evidence is led - Contention that order appointing a Commissioner before evidence is led is premature, held, untenable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Dispute as to nature and use of suit lands - Appointment of advocate commissioner to inspect the suit lands and note down the nature of said lands and uses to which the lands are being put to, cannot be faulted - Said appointment for that purpose by no stretch of imagination can be..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration - Party against whom no relief is claimed nor she herself get impleaded as legal heir of plaintiff, she was not a necessary party and in the absence of the same, suit is not bad for no, joinder of such party...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary party - Suit for specific performance - Witness to the agreement is neither a necessary party nor a property party to the suit for specific performance...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - New Plea - Present is not a case where it could be said that plaintiff has sought to introduce fresh/new plea in the replication, which does not find mention in the plaint as originally filed - Merely because plaintiff in his replication has extracted/quoted from the statements contained in documents filed along..........
