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 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Service of summons through publication in newspaper - Summons sent through registered cover received back with the report that address is incomplete - Correct address not provided - Instead of filing correct address an application U.O.5.R.20 CPC..........
Civil Procedure Code, 1908, Order 23, Rule 1, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Dismissed as withdrawn on the basis of compromise between the parties - Compromise broken - Subsequent divorce petition - Not barred U.O.23.R.1(d) CPC...........
Civil Procedure Code, 1908, Order 20, Rule 16, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Suit for rendition of accounts by landlord against tenant - Held, suit is not maintainable...........
Civil Procedure Code, 1908, Order 20, Rule 16, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Suit for rendition of accounts by landlord against tenant - Held, suit is not maintainable...........
Punjab Tenancy Act, 1887, Section 84, Civil Procedure Code, 1908, Section 149, Court Fees Act, 1870, Section 13 -- Suit for recovery of share of produce - Appeal against - Deficiency of Court fee - Whole or part of Court fee when not paid, Court may allow such person to pay such fee and upon such payment the document in respect of which court fee is payable shall have the..........
Punjab Tenancy Act, 1887, Section 84, Civil Procedure Code, 1908, Section 149, Court Fees Act, 1870, Section 13 -- Court fee - Time for making good the deficiency of court fee - Held, provisions of CPC are not applicable to proceedings under the Pepsu Tenancy Act and Agricultural Land Act, however the general principles of CPC can always apply to such proceedings...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Document - Objection as to admissibility or objection as to mode of proof - Objection as to admissibility has to be decided forthwith and cannot be left open for decision at the time of final arguments on suit itself...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Document - Objection as to admissibility has to be decided forthwith - Objection raised that agreement to sell on the basis of which suit for specific performance is filed, being unregistered and unstamped is not admissible in evidence - Objection relates to admissibility which requires to be decided forthwith and cannot be..........
