Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte eviction order - Setting aside - Report of the process service clearly reflects that there is no mention of either the name or address of the person in whose presence copy of the summons was affixed - Order holding the service effected is patently illegal and is hereby set aside...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Order to proceed ex parte does not mean that defendants are precluded from participating in remaining proceedings to be held on subsequent dates...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Defendants were not present on relevant date despite sufficient service - Trial Court proceeded ex parte against defendants - It was still open to defendants to appear before next date and participate in remaining proceedings - However, defendants chose to remain absent and ultimately filed..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Dismissal of suit on account of plaintiff failed to adduced any evidence - Plaintiff was granted as many as eight effective opportunities including last opportunity and even subject to costs - However, plaintiff failed to lead any documentary or oral evidence in support of his claim - Plaintiff was guilty of deliberate and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Claim petition under Motor Vehicle Act - Claimant has right to sue any of negligent person because he can recover full amount of damages from either of parties - Persons who are sued are not to insist on having others joined as defendants and right of claimant cannot be defeated on the ground that..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103 -- Execution - Third party objections - Where Executing Court, without going into merits, declines to adjudicate upon lis between parties under O.21.R.101 read with Rule 97 and Rule 98 CPC on the ground of non maintainability of the application, such order passed by executing court can not be deemed to be a decree..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Section 104(1)(i), Constitution of India, 1950, Article 227 -- Temporary injunction - Revision under Art.227 Constitution of India thereagainst - Remedy of appeal is provided U.O.43.R.1(r) and S.104(1)(i) against an order of temporary injunction -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3A -- Temporary injunction - Disposal of injunction application within 30 days - Trial Court without granting an ex parte order of injunction, choose to allow opposite parties to file counter affidavits along with documents and then heard opposite parties before allowing injunction application - High Court observed that..........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of petition for presentation in proper Court - Representation of petition in Court indicated in the order of return - Cannot be considered as a fresh filing in all circumstances when, it is returned to the plaintiff for such representation...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Eviction petition - Tenant kept on sleeping in a great slumber and awoke after around three years of passing of eviction order by Rent Controller in year 2016 and filing of instant application in year 2019 - Conduct of tenants being..........
