Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner - Objection to report - Court to obtain fresh report in case of rejection of report...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner - Report - Court issuing commission has to be satisfied with regard to proceedings of Commissioner - Objections are invited from parties - After hearing objections Court has to record its satisfaction - Court may confirm report or may direct such further inquiry to be made - If Court is not satisfied..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Order rejecting commissioner's report - Order of acceptance and rejection of commissioner's report is an interlocutory order and revision against same is not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel pleaded no instructions - Court is required to issue notice to defendant - Nothing on record that counsel after pleading no instructions sent an intimation to his client - Moreso three witnesses of plaintiff were present for cross examination but counsel did not cross examine and..........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 17 -- Rejoinder to amended written statement - To be confined to whatever additional and new pleas are added in written statement and not beyond that...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder to amended written statement - To be confined to whatever additional and new pleas were added by way of amendment of written statement - Plaintiff cannot by way of rejoinder introduce pleas which are not consistent with earlier pleadings...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Court is expected to take cognizance of subsequent event also in deciding application for restoration/setting aside ex parte decree...........
Hindu Marriage Act, 1955, Section 13, 15, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Condonation of delay - Husband got remarried after expiry of appeal period - Allowing application of wife for setting aside ex parte decree at this stage would defeat the rights of husband after divorce, particularly when delay..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Report of personal service and an endorsement of process server in this regard with signature of defendant - Absence of plea that endorsement does not bear his signatures - No averment that defendant has no cordial relations with other defendants who are his family members, in order to..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal for default - Restoration - There is no automatic restoration of interlocutory applications for the reason that reliefs sought for in the interlocutory applications were not germane for deciding the issues involved in the original petition, nor they were ancillary reliefs to the original petition - The reliefs sought..........
