Delhi Rent Control Act, 1958, Section 14(1)(e), 25B, 37(2), Delhi Rent Control Rules, 1959, Rule 23, Civil Procedure Code, 1908, Section 151, Order 9, Rule 13, Civil Procedure Code, 1908, Order 37, Rule 4, Civil Procedure Code, 1908, Order 57, Rule 23 -- Ex-parte order - Setting aside - Suit for eviction - Setting aside of order by Controller of rent and affirmed by High..........
Punjab Land Revenue Act, 1887, Section 45, Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte decree - Suit filed for possession - One of the defendants chose not to contest the suit and hence proceeded against ex-parte - Remaining defendants though filed written statement, but cared not to lead any evidence to substantiate the case set up in written statement - Held,..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay of one year - Lapse on the part of counsel - Litigant should not be made to suffer - Delay condoned - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal in default - Restoration - Non appearance of counsel at the time of hearing - A party should not suffer for the reason that his counsel has defaulted and moreso when the party is prosecuting the litigation since 1982 diligently and there was no lapse on his part till dismissal for non prosecution - Petition restored..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Set aside at the instance of some of the defendants - Benefit enures to other defendants only when decree is one and indivisible...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 9 -- Eviction petition - Dismissal in default - Restoration - Dismissal of application on ground of negligence and carelessness cannot be decided without affording an opportunity to lead evidence - Restoration application be decided after affording an opportunity to parties..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - No explanation for non appearance on the day he was proceeded exparte - Besides no applciaotn for setting aside order for ex parte proceedings was filed till passing of final award - Application U.O.9.R.13 CPC was rightly dismissed by Court below...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction petition - Exparte conditional eviction order - Application U.O.9.R.13 CPC - Exparte eviction order set aside subject to the condition that tenant tenders the entire arrears of rent and in case Rent Controller ultimately finds that the rate of rent is less..........
Civil Procedure Code, 1908, Order 9, Rule 7, Transfer of Property Act, 1882, Section 52 -- Suit for specific performance - Defendants No.2 to 4 proceeded exparte - Subsequent vendees impleaded as a party to the suit - Subsequent vendees seeking setting aside exparte order against defendants No.2 to 4 and further sought permission to cross examine the witnesses of the..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal in default - Restoration - Order passed U.O.9.R.4 is not subject to any appeal...........
