PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Suit barred by O.9.R.9 CPC - No relief whatsoever can be granted even when plaintiff is found to be entitled to the relief claimed...........
CHHATTISGARH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 9, 8-- O.9.R.9 CPC precludes a second suit in respect of the same cause of action where the first suit is dismissed for default of appearance of the plaintiff...........
CHHATTISGARH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 9, 8-- Earlier suit dismissed in default U.O.9.R.8 CPC - Second suit on same cause of action but changing valuation of relief of declaration - Plea that earlier suit was dismissed by Trial Court committing an error in dismissing the suit U.O.9.R.8 CPC as such plaintiff is entitled to bring a fresh suit -..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner at appellate stage - By getting the survey commission, petitioner wanted to fill up the lacuna of his case and to generate the evidence - Cannot be permitted at the appellate stage...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Dismissal in default of earlier suit - Bar of fresh suit - Plea not raised in trial Court, first appellate court or in second appeal in the High Court - Cannot be permitted to be raised for the first time in Supreme Court...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 20, Rule 9-- Newly constructed building - Rent Act not applicable - Civil suit for eviction - Notice to quit u/s 106 TPA not required - Filing of an eviction suit under general law itself is a notice to quit of a tenant...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of second advocate commission - Held, before appointment of a second advocate commissioner, court should record its dissatisfaction about report submitted by first commissioner - Object being to avoid conflicting reports before court...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Evidence - Recording on commission - Inability of witness to attend court - Medical certificate not produced to substantiate inability - Plea cannot be disbelieved on that ground - Court by appointing Commissioner to record evidence, even in absence of medical certificate in support thereof has..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Application dismissed - Revision petition thereagainst under Article 227 Constitution of India - Held, revision petition is not maintainable against the order, whereby an application for appointment of Local Commissioner is dismissed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 9-- Eviction petition - Dismissal in default - Restoration - Dismissal of application on ground of negligence and carelessness cannot be decided without affording an opportunity to lead evidence - Restoration application be decided after affording an opportunity to parties to lead evidence...........