Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte proceedings - Setting aside - Where vital rights to an immovable property are involved, negligence is not such that it cannot be condoned by making payment of costs to plaintiff considering that valuable rights in an immovable property is involved and the period of non appearance an delay is only of around four months..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - Determination of fact - Report from Revenue Officer is always relevant, when demarcation of property is required...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10(3) -- Local Commissioner - Report when not satisfactory - Report of Local Commissioner not satisfactory as dimensions mentioned therein did not match with revenue record - Court should examine Commissioner in Court to get things clarified or may appoint a new Local Commissioner, as it thinks fit...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Divorce petition - Respondent living in America - Service of summons through publication in newspaper `The Tribune' - Respondent who was residing in America, could not have come to know about publication of summons qua her in the newspaper `The Tribune' - Order setting aside ex parte decree,..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Dismissal of suit for absence of plaintiff and for want of evidence - Is dismissal in default as contemplated U.O.9.R.8 CPC - Plaintiff can seek restoration of suit U.O.9.R.9 CPC for setting aside dismissal on fulfilment of conditions as laid down therein...........
Civil Procedure Code, 1908, Section 9 -- Lok Adalat award - Civil suit is maintainable to set aside award obtained by fraud...........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 13 -- Constructive res judicata - Application U.O.9.R.13 CPC - Earlier two applications U.O.9.R.13 CPC were not entertained on merits on account of failure to comply with the mandate of S.17 of Provincial Small Cause Courts Act - In absence of any adjudication on merits, rejection of earlier two applications would not..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for partition - It is only the co-sharers and not co-occupiers who are necessary parties - Co-occupiers are not necessary parties and for their absence, suit cannot be dismissed...........
Civil Procedure Code, 1908, Order 13, Rule 9 -- Ex parte decree - Setting aside - Appeal against ex parte decree dismissed as not pressed - Withdrawing appeal or not pressing the appeal, is one and the same as in both the cases, there would be no order on merits - Since not pressing appeal would come under the purview of `withdrawal', it enables the party to invoke..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Injunction suit - Dispute as to identity of suit property - Appointment of Commissioner to note down its physical features is not erroneous, as it does not amount to collecting or gathering evidence, particularly when it is alleged that defendants are trying to obliterate the physical features of property..........
