Civil Procedure Code, 1908, Section 141, 107, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Condonation of delay - Provision of S.141 is applicable to an application for condonation of delay in filing the application for restoration of suit - It also applies to similar proceedings filed at appellate stage in view of provision of S.107(2) CPC...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5, Article 122 -- Restoration of application for condonation of delay filed at appellate stage - Provision of Art.122 is attracted to an application for restoration of application for condonation of delay filed at appellate stage...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Suit fixed for evidence of defendant - Defendant or his counsel absent - Defendant proceeded exparte and case posted for judgment - On that day application U.O.9.R.7 CPC filed - Application dismissed and exparte decree passed - Held, it is not a decree on merits - Application U.O.9.R.13 CPC is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Exparte decree set aside subject to payment of half of the decretal amount - Order modified directing defendant to deposit 1/4th of the decretal amount and costs...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Delay of 10 years - Condonation - Defendant failed to appear despite service of summons - No reason shown for not appearing in the case despite service of summons - Sufficient cause for delay not shown - Application dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Separate suit to set aside ex parte decree - Not maintainable except when in the fresh suit a case of fraud or collusion is made out - Provision of O.9.R.13 CPC is an implied bar for the fresh suit...........
Civil Procedure Code, 1908, Order 9, Rule 8, 3 -- Dismissal of suit in default - None appeared on behalf of plaintiff when case called whereas counsel for defendant was present - Dismissal of suit is U.O.9.R.8 and not U.O.9.R.3 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree granted in matrimonial proceedings can be set aside U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte order of eviction - Setting aside - Reason for non appearance is to be shown on the date when order proceeding ex parte was passed and not on the date when exparte eviction order was passed...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Declaration and permanent injunction suit - Dismissed for default - Restoration application moved - Dismissed - No malafide intentions attributed to the plaintiff - Order of dismissal of application not proper - Ordered to be set aside...........
