Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay - Condonation - Delay of 28 days - Ground of ill-health - Dismissal of application U.O.9.R.9 CPC bars institution of fresh suit - However, if application itself contains sufficiency of reasons for condonation of delay then there is no necessity..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Earlier suit for declaration and permanent injunction filed by plaintiff dismissed - Subsequent suit filed for partition on different cause of action - After death of mother of plaintiff, Will came into force and plaintiff is challenging the same and regarding same relief of declaration..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit depends on suit pleadings, not on rival party's defence...........
Civil Procedure Code, 1908, Section 144, 151 -- Restitution of possession - Dispute between parties is as to whether plaintiff voluntarily handed over vacant possession of demised shop to defendants or he was forcibly evicted from same - This controversy can only be decided after holding full-fledged trial - During pendency of suit, since plaintiff as on date is not in..........
Civil Procedure Code, 1908, Order 7, Rule 6, Limitation Act, 1963, Section 19 -- Exemption from limitation - Pleading - Court may permit plaintiff to claim exemption from limitation on any ground not set out in plaint, if such ground is not inconsistent with the grounds set out in plaint - In the instant case, Proviso to O.7.R.6 CPC cannot come to rescue of plaintiff as..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Proceedings U.O.39.R.2-A CPC- Available only during pendency of suit and not after conclusion of trial - Any undertaking given to Court during pendency of suit on basis of which suit itself has been disposed of, becomes a part of decree and breach of such undertaking is to be dealt with in execution proceedings U.O.21.R.32..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Neither defendant nor his counsel attending hearing of case - No sufficient reason explained as to what prevented defendant from attending hearing of civil suit and if he did not appear then as to why his counsel also remained absent in those proceedings - Defendant acted in a manner to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Proper party - A proper party is the party whose presence in a suit though may not be necessary but is yet desirable for a just decision of the Court...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay - Condonation - Delay of 26 days - Ground of ill health - No documentary evidence in support thereof - Delay is not abnormal - Delay condoned subject to payment of costs of Rs.1,000/- - Suit restored...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - No person can be impleaded as a defendant on basis of apprehension as he has to show his rights and interest in the suit...........
