Civil Procedure Code, 1908, Section 11, Order 26, Rule 9 -- Local Commissioner - Plea that suit is barred by res judicata and that an application in a incompetent suit is not maintainable - Res judicata does not apply when proceedings for setting aside ex parte decree are still pending - Held, Local Commissioner, in such a suit, can be appointed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Identification of physical features when there is justifiable apprehension that wall is likely to be demolished and that physical features require to be fathered - Held, in such a situation Court should appoint commission so as to assist Court in addressing the controversies - No prejudice is to be caused..........
Hindu Marriage Act, 1955, Section 13, 9, Civil Procedure Code, 1908, Section 11 -- Petition by husband for divorce on ground of cruelty and desertion - Wife filed petition for restitution of conjugal rights - Petition for restitution of conjugal rights decided during pendency of divorce petition - In petition for restitution of conjugal rights, it was held that there was..........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 13(1A)(ii), 9 -- Res-judicata - Earlier divorce petition on the ground of cruelty, was dismissed - Subsequent divorce petition on the ground that there is no restitution of conjugal rights for a period of two years since passing of decree for restitution of conjugal rights and also on the ground of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay of two years in filing application - Condonation of delay - Defendant failed to file an affidavit explaining the delay and setting out sufficient cause for filing application to set aside ex parte decree after long lapse of more than two years -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17 -- Ex parte decree - Setting aside - Ex parte decree passed on the basis of publication of notice in a newspaper - Order of service of summons by substituted service, held, not proper, as report of process server attested by a witness but his address not mentioned - In absence of..........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 17 -- Additional plaint - Subsequent to filing of written statement - Can only be filed when amendment of plaint is allowed and not otherwise...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local commissioner - Suit for injunction - To note down physical features of suit property - Apprehension of defendant that plaintiff in guise of obtaining injunction, might encroach into his land - Held, mere noting down physical features, it is well nigh impossible to someone to say that a particular land is in..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Dispute regarding ownership of agricultural land - Civil Court has no jurisdiction where disputed property is agricultural land and only Revenue Court has jurisdiction to decide title and ownership - When dispute relating to agricultural land comes under consolidation proceedings then jurisdiction of..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit - Delay - Suit restored without there being an application for condonation of delay - Impugned order set aside - Matter remitted with direction to plaintiff to file application for condonation of delay with an opportunity to defendant to file reply and other material in rebuttal, hear both the..........
