Civil Procedure Code, 1908, Section 122, Rule of, 27(1) -- Civil Practice, - Attestation of vakalatnama - Notice was issued by Family Court that litigants and their counsel have to appear before Sheristadar for executing and attesting vakalath - validity of - Held, as per R.27 vakalath executed by litigant had to be accepted if same is in conformity with statutory..........
Civil Procedure Code, 1908, Section 4, 7, Order 9, Rule 3, 4 - - Eviction application - Both parties absent - Dismissal of eviction application for default - Restoration of - Issuance of notice to defendant - Not necessary - Held, O.9.R.3 of CPC provides that where neither party appears, Court may dismiss suit - However in such situation it is not necessary to issue notice..........
Civil Procedure Code, 1908, Section 80 -- Bihar State Electricity Board - Notice - Held, neither Bihar State Electricity Board would be `Government' nor would its officers would be considered as `Public Officers' for purpose of S.80 CPC - Service of notice upon defendants was not required - Therefore, even if no notice has been served u/s 80 CPC in this case that would not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Petitioner contrary to his stand in written statement, proposes to project himself as a tenant of suit shop, denying that he was under contractual obligation to handover vacant possession of suit shop to respondents and deny that he even received a legal notice from respondent to hand over..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Exparte ad interim injunction - Court should be cautious and extremely careful while granting ex parte ad interim injunction - Better course is to give a short notice and in some cases even dasti notice, hear both the parties and then pass suitable biparte orders...........
Civil Procedure Code, 1908, Order 20, Rule 3(as, Civil Procedure Code, 1908, Order 49, Rule 3(5) - - Recall of judgment - Judgment pronounced in open Court - Not signed - Inadvertent mistake detected in Judgment - Judge can recall, alter and correct relevant part of judgment after notice and fresh hearing...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Scope of O.1.R.8 CPC - Held, scope and applicability of O.1.R.8 CPC is that it provides an exception to general rule that all interested persons should be made parties to the suit - In a case where there are numerous persons having same interest in one suit, the rule enables a party to represent such..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Cannot be set aside merely on the ground of irregularity in service of summons subject to the condition that Court is satisfied that defendant had notice of the date of hearing and had sufficient time to enable him to appear and answer the plaintiff's claim...........
Civil Procedure Code, 1908, Section 100, Limitation Act, 1963, Section 5 -- Restoration of second appeal - Condonation of delay - Second appeal transferred to another Court got dismissed for default - Applicants in delay condonation application have categorically stated that no notice of transfer were sent to them - Held, there is just reason for no, appearance in Court on..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Appeal - Cross objections - Period of one months commences from the date of service, on the concerned party or his pleader - This could be a notice for actual date of hearing or otherwise...........
