Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary party - Suit is not maintainable in absence of a necessary party...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Decree passed in the counter claim - Suit not pressed - Suit dismissed and counter claim decreed - Answer to the counter claim was not filed - Plaintiff was not declared ex parte to the counter claim - Decree not passed U.O.8.R.10 CPC - Held, even though the suit was `not pressed' but such a concession was not there for..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Suit not pressed - Where a suit is dismissed on account of clear admission that suit was `not pressed', such a dismissal cannot be categorized as one U.O.9.R.8 CPC and therefore, an application U.O.9.R.9 CPC is not maintainable as against dismissal of suit...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit when not maintainable, Local Commissioner cannot be appointed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Mere irregularity in the service of summons or where defendant had notice of date and had sufficient time to appear in Court, Court shall not set aside the ex parte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Limitation is 30 days from the date of passing of decree - However, in circumstances where summons or notice is not served, the period of 30 days is to be reckoned from the date of knowledge of decree...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Delay of about two years in filing application - Defendant appeared in the case of his own and thereafter was proceeded ex parte - Held, application is barred by limitation and in the absence of any supporting application for seeking condonation of delay,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - When sufficient cause is not shown and application is based on vague, evasive and false averments, then in such case, ex parte decree shall not be set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - To set aside ex parte decree case should fall in either of the two categories viz. (i) that summons were not duly served and (ii) that there was sufficient cause for not appearing on the date when suit was called out for hearing...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Lawyer engaged passed away - Such averment made in application supported by an affidavit - Sufficient cause for non appearance established - Ex parte decree set aside...........
