Civil Procedure Code, 1908, Order 9, Rule 8, 3 -- Dismissal of suit in default - None appeared on behalf of plaintiff when case called whereas counsel for defendant was present - Dismissal of suit is U.O.9.R.8 and not U.O.9.R.3 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree granted in matrimonial proceedings can be set aside U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte order of eviction - Setting aside - Reason for non appearance is to be shown on the date when order proceeding ex parte was passed and not on the date when exparte eviction order was passed...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Declaration and permanent injunction suit - Dismissed for default - Restoration application moved - Dismissed - No malafide intentions attributed to the plaintiff - Order of dismissal of application not proper - Ordered to be set aside...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 9 -- Provision of O.9.R.9 CPC is not applicable to proceedings under East Punjab Urban Rent Restriction Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 14, Civil Procedure Code, 1908, Order 9, Rule 9 -- Eviction petition - Ground of personal necessity - Ground of personal necessity duly proved but petition dismissed on the ground that earlier a similar petition was filed which was dismissed for default - Held, dismissal for default of earlier petition does not bar..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9, Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Non appearance of plaintiff on date fixed for hearing - Defendants not admitting case of plaintiff either wholly or in part - In such a situation, trial court has no option except to dismiss suit U.O.9.R.8 CPC - In case Court finds that party was not present because of some..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Counsel busy in another Court and an application submitted seeking adjournment - Request rejected, respondents proceeded exparte and suit decreed - While passing the decree, the discussion reads like this 'Perused the evidence of P.Ws.1 and 2 and Exs.10 and 12. Suit claim proved. Hence, the..........
Civil Procedure Code, 1908, Order 9, Rule 5 -- Period of seven days - It is clearly directory...........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 13 -- Exparte decree - Separate suit to challenge - Not maintainable - Remedy available against an ex parte decree is either to file an application U.O.9.R.13 CPC or an appeal u/s 96 CPC...........
