Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner was served with summons in the suit and he had made appearance through his counsel in 2016 - Thereafter, there is failure to file written statement and petitioner was set ex parte - Petitioner had an opportunity to file written statement after receiving summons in suit..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Defendants were not serious to pursue their cause and rather they were totally negligent - On account of non-appearance on three consecutive dates, ex-parte proceedings were drawn against defendants - Even, suit was not finally decided immediately and even thereafter..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Defendants failed to assign any good reason for non-appearance on relevant date despite service - It cannot be said that defendants were unaware of ex parte proceedings against them till filing of application - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendants - Defendant Nos. 1 and 3 died and had neither put in appearance nor had filed any written statement - Plaintiffs thus, entitled for allowing of their application giving benefit of O.22.R.4 CPC...........
Civil Procedure Code, 1908, Section 151 -- Re-opening of evidence - Evidence of defendants was closed, as defendants did not want to produce evidence - Grounds taken by defendants with regard to no, appearance was not supported by any material evidence - Defendants filed the application for reopening of evidence after final arguments were heard, though not completed -..........
Civil Procedure Code, 1908, Section 92 -- Trust - Leave to institute suit u/s 92 of the Code - Leave of grant need not necessarily be preceded by notice - Proposed defendants can on appearance seek for revocation of leave...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Defendants were not present on relevant date despite sufficient service - Trial Court proceeded ex parte against defendants - It was still open to defendants to appear before next date and participate in remaining proceedings - However, defendants chose to remain absent and ultimately filed..........
Agreement to sell -- Specific performance - Earnest money proved to have been paid to defendants by plaintiff - However, defendants failed and neglected to execute and register deed of conveyance in terms of agreement for sale in favour of plaintiff - Plaintiffs on the other hand was ready and willing to pay balance sale consideration - Defendant no.1 though entered..........
Evidence Act, 1872, Section 114 -- Adverse inference - Non appearance of a party as a witness - Mere no, appearance of defendants in Court for orally deposing in witness box is not sufficient to draw adverse inference against them, particularly when entire case of defendants is based upon documents which is filed by defendants...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand for de novo trial - Suit for specific performance - Ex parte decree passed against all defendants/original owners and subsequent purchasers - Ex parte decree set aside at instance of defendants 3 & 4 - Fresh notice not sent to defendants No.1 & 2 - Defendants No.1 & 2 were entitled for a fresh notice of suit once..........
