Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Court should take a liberal view on the question of `sufficient cause' and should lean in favour of hearing to both the sides...........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal from order - Grounds for hearing of - Held, appeal from order is required to be heard on the only grounds enumerated in S.100 of CPC - In short, unless there is substantial questions of law falls for consideration of this court, this court is not supposed to entertain this appeal from order - This Court has to..........
Civil Procedure Code, 1908, Order 20, Rule 5 -- Issues not adverted to at the time of hearing - Court cannot deal with the same...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Defendant can produce documents at time of hearing of suit with leave of Court - Held, rejection of application for filing documents only on the ground that documents were filed at a late stage, improper...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 105, 106 -- Execution - Dismissal for no, prosecution - Inherent powers - Exercise of - Matter was not fixed for hearing and it was fixed for taking some steps - Since no steps were taken Court dismissed execution proceedings for want of prosecution - Held, there is no question of invoking the provisions of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Two options available are viz. defendant can seek setting aside ex parte decree or can challenge ex parte decree by filing an appeal - When an appeal is filed challenging the decree on its merits or on any other ground and the same when dismissed on any ground other than its withdrawal then an application..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Application for setting aside ex-parte decree - Suit involving adjudication of title of property after hearing the parties - Application allowed vide impugned order - Held, impugned order does not call for any interference...........
Civil Procedure Code, 1908, Order 13, Rule 4, 6, Civil Procedure Code, 1908, Order 18, Rule 4 -- Exhibiting document - Objection - Held, objection has to be dealt with then and there by passing verdict thereon after hearing concerned parties - Practice of considering the objection at the time of arguments, deprecated...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the time of hearing ad-interim injunction application Court is to find out as to whether suit itself is legally maintainable - If suit itself is not maintainable then there is no question of grant of ad interim injunction...........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 8, Rule 1-A, Civil Procedure Code, 1908, Order 13, Rule 1 -- Late production of documents - Any document which ought to have been produced along with the plaint or written statement, if not produced, can be produced with the leave of the Court at the subsequent stage at the time of hearing -..........
