Civil Procedure Code, 1908, Order 9, Rule 13, Advocates Act, 1961, Section 16, 34, Bar Councils Act, 1926, Section 15 - - Bar Council of India Rules, 1975, Para VI, Chap.I, Allahabad High Court Rules, 1952, Part VI, Chap.XXIV - Designated Senior Advocate - Filing restoration application for earlier filed petition - Not competent - Plea that earlier at the time when the..........
Civil Procedure Code, 1908, Section 47, Order 9, Rule 9 -- Execution application - Dismissed in default - Second application for execution without getting the first application restored is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Service through Munadi - Petitioner absent despite service through Munadi and hence proceeded ex parte - Brother of petitioner filed an appeal against judgment and decree - It is difficult to believe that petitioner had no knowledge of the litigation against him - This shows that petitioner..........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 8, Civil Procedure Code, 1908, Order 9, Rule 9 -- Attachment - Appellant purchased the property and applied for raising of attachment - Application dismissed for default - Property put to sale in auction - Application U.O.21.R.58 filed in execution - Inquiry provided U.O.38.R.8 is to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - `Sufficient cause' - Has to be construed liberally - Sufficiency of grounds has to be examined - Expression `sufficient cause' and `upon such terms as to costs' and `otherwise as it thinks fit' gives considerable amount of latitude to the court when defendant comes to court for setting aside..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Court fee - Non payment - Plaint rejected U.O.7.R.11 - Application U.O.9.R.4 is not maintainable - Decree passed U.O.7.R.11(c) is a decree u/s 2(2) of the Code, hence appealable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Pendency of an application U.O.9.R.13 CPC ipso facto does not render judgment and decree ineffective or non-operative...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Decree of maintenance - Claim of maintenance meagre and moderate and was granted long before - Husband not providing any maintenance to wife for a long period - Ends of justice do not tilt in favour of husband so as to interfere with the ex parte decree of maintenance with the aid of O.9.R.13..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- 'No instructions' - If counsel has not informed about no instructions and there is no notice to the party about 'no instruction' then the entire proceedings will become illegal...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Counsel pleaded 'No instructions' without informing the defendant - If there was non-cooperation on behalf of the party counsel ought to have given them registered notice before pleading no instructions - Parties not afforded an opportunity for leading their evidence with regard to sufficiency..........
