Civil Procedure Code, 1908, Section 80(2) -- Notice - Exemption - To be granted only when urgent relief is prayed and no irreparable loss will be caused to the defendant - Discretion to be exercised judicially...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Death of one of the defendants a guarantor - Notice sent to one of L.R's on incorrect address - Exparte decree passed - Said L.R. applied for setting aside ex parte decree - Order of rejection - No finding as to service of notice on him nor any enquiry held in that regard - His share in estate..........
Civil Procedure Code, 1908, Section 115 -- Revision Petitioner was dead when the revision was heard and disposed of - Thereafter this fact was brought to the notice of the Court - Matter reopened and disposed of afresh after setting aside the abatement and impleading the L.R's...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Exparte ad interim injunction - Reasons for dispensing with the notice to be recorded - If reasons are not recorded then exparte ad interim injunction order is unsustainable...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Exparte ad interim injunction - Reasons for dispensing with notice if not recorded - Appeal lies against such an order - Contention that appeal lies against such an order only if petition is not decided finally within 30 days - Not correct...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for eviction - Defendant took specific plea in the written statement that suit is liable to fail for want of proper notice - Held, plaintiff can be permitted to plead a fresh notice to quit served on the defendant after institution of the suit - Amendment allowed subject to the condition that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Cause of action - Notice of termination is an essential component for a cause of action in a suit for eviction...........
Civil Procedure Code, 1908, Section 80 -- Notice u/s 80 CPC - Can be waived - If such notice is waived, plaint need not be returned for compliance...........
Civil Procedure Code, 1908, Section 80(2) -- Waiver of notice - Application u/s 80(2) for waiver of notice filed but no orders passed - Defendants contesting suit on merits without pleading absence of urgency or want of notice - Held, there is deemed waiver of notice on the part of the defendant...........
Civil Procedure Code, 1908, Section 80 -- Suit against Government - Notice - Suit instituted - Subsequent amendment of plaint and a new case of specific performance set up - Suit not maintainable - Fresh notice u/s 80 ought to have been issued since entirely new cause of action brought into existence...........
