Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117 -- Partition of joint land - Respondent proceeded ex-parte - Immediately on next date of hearing moved application for setting aside ex-parte proceedings - AC without deciding application for setting aside ex-parte proceedings, within 2 months, without preparing mode of partition called for and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Separate suit to set aside ex parte decree - Not maintainable except when in the fresh suit a case of fraud or collusion is made out - Provision of O.9.R.13 CPC is an implied bar for the fresh suit...........
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 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..........
Punjab Package Deal Properties (Disposal) Act, 1976, Section 10 -- Allotment of land - Land allotted by Tehsildar (Sales) vide order dated 23.7.1972 - Allotment amount paid - Conveyance deed executed on 25.3.1980 in favour of allotee - Revenue record remained in the name of the Central Government - Subsequently, Addl. Commissioner allotted the said land to another person..........
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, 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...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 - - Ex parte order - Setting aside of - Whether amounts to review - Held no - Necessary parties were not impleaded and heard - In view of that those orders were rightly set aside...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Service of summons - Telegram - There is no presumption of service available on the basis of receipt of telegram only - Ex parte divorce decree set aside...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Service of summons - Registered notice received back with endorsement 'not found' - Dasti notice not found to be served by `nishan dehi' - Service of summons on the basis of telegram is not available - Service by affixation highly suspicious -..........
