Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 41 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC dismissed - Appeal also dismissed - Revision pending in High Court - Defendant also filed appeal against ex parte decree - Held, first appellate Court can still hear and decide appeal during pendency of revision in the High..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Withdrawal of suit - Restoration thereof - Legality of - Counsel, who made statement for withdrawal of suit, was counsel for LRs of plaintiff No.1 only and was not counsel for plaintiffs No.2 and 3 - Trial Court dismissed suit as withdrawn qua all plaintiffs - Held, he had no authority to withdraw suit on behalf of plaintiffs..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Application for setting aside - Delay of 792 days - Condonation - Written statement was already filed within time - Suit itself is for seven pro-notes - Petitioner would state that because of the communication gap between himself and his Advocate and that too because of his..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Suit for partition among near relatives and ex-parte decree was passed - Held, delay could be condoned, by way of giving an opportunity to defendants, in the interest of audi alteram partem, subject to payment of total cost of Rs.5000/-..........
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 101 -- Ex parte award - Setting aside of - Plea of no, service of summons - Evidence not adduced that summons were not duly served upon company but to some unknown person not working in company had received same - Company failed to prove that summons were not served upon it and thus had failed to..........
Civil Procedure Code, 1908, Section 115, Order 9 -- S.115 as in U.P. - Ex parte decree - Set aside - Revision thereagainst - Lies to superior Court - District Judge dismissed revision holding revision not maintainable - Impugned order set aside - Matter remanded for decision afresh...........
Civil Procedure Code, 1908, Order 9 -- Bar resolution to attend the funeral of one of the senior lawyers - Not to adjourn the case amounts to showing disrespect to the resolution of the Bar Association for a genuine cause...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Held, in appropriate cases delay could be condoned, however, there should not be any element of willful negligence on the part of the defaulting party in prosecuting the matter...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 1515 days - Imposition of cost - Held, taking into account the huge delay in filing the application U.O.9.R.13 CPC, the awarding of a sum of Rs.1,500/- (one thousand five hundred) would not meet the ends of justice and it could..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Delay of 435 days - Condonation of - Lower Court dismissed the application on the ground that application was filed without disclosing the factum of the earlier I.A. having been filed U.O.9.R.13 CPC as though the Power of Attorney of D4 came from Abu Dhabi, just before filing of said..........
