Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local commissioner - Application to appoint local commissioner to note physical features of suit property sought at the stage of arguments - At this belated stage the relief of this nature cannot be granted...........
Civil Procedure Code, 1908, Section 9 -- Exclusive jurisdiction of civil Court - Issue of adoption and inheritance rights - Can be decided exclusively by Civil Court and indeed outside the jurisdictional sweep of revenue authorities...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - Injunction suit - Advocate commissioner can be appointed in a suit for perpetual injunction - However, commissioner cannot be appointed to find out as to who amongst the parties is in possession of property as it is the function of Court...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - To note down physical features of property - Cannot be said as an attempt to gather evidence...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Order refusing to appoint local commissioner - Revision against - Not maintainable, as it is primarily against discretion and domain of Court below...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Order refusing to appoint local commissioner - Revision - Report of demarcation available on file and demarcation was done by Halqa Kanungo - Petitioner has options either to accept the demarcation or file objections to the report of local commissioner or to summon said Halqa Kanungo as a witness for his cross-examination -..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte proceedings - Setting aside - Case fixed for appearance of other defendant and filing his written statement - Defendant proceeded ex parte is not even required to file any application U.O.9.R.7 CPC - Defendant proceeded ex parte can appear on next date of hearing and can file his written statement - Court below..........
Civil Procedure Code, 1908, Order 41, Rule 9, Limitation Act, 1963, Section 5 -- Appeal - Filed alongwith application for condonation of delay - Dismissal of application to condone delay - Appeal stands dismissed - An appeal presented beyond time is an appeal in the eyes of law for all purposes and an order dismissing appeal on whatever ground is a decree that can be..........
Civil Procedure Code, 1908, Order 41, Rule 9, Limitation Act, 1963, Section 5, Constitution of India, 1950, Article 227 -- Appeal - Filed alongwith application for condonation of delay - Dismissal of application - No order passed that appeal also stands dismissed - Writ petition against order dismissing delay condonation application - Held, writ petition is not..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Petitioner remained ex-parte on two occasions and provided no valid and sufficient reason to set aside ex-parte decree - If intention of litigant is not bonafide then he is not entitled to indulgence of Court - Order dismissing application calls for no interference...........
