Civil Procedure Code, 1908, Order 41, Rule 17(1) -- `No instructions' - When so pleaded by Counsel appeal can be dismissed in default and more appropriately notice should be given to the appellant calling upon him to engage some other counsel for arguing appeal - Court cannot decide appeal on merits...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- No instructions pleaded by Counsel - Notice not given to party - Exparte decree passed - Held, Court committed a patent illegality when the notice to the defendant was not given - Exparte decree set aside. 1996(2) Civil Court Cases 646 (P&H) distinguished...........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Appeal - Notice to party who has been proceeded exparte in the trial Court - Appellate Court should not proceed mechanically by observing that as there was no appearance in the trial Court, notice need not to be served in appeal - Appellate Court should go through the Zimini orders recorded by the trial Court in the suit..........
Civil Procedure Code, 1908, Section 92, Order 7, Rule 11 -- Leave of Court - Notice to defendant - As a rule of caution, Court should normally give notice to the defendants before granting leave to institute a suit under the said section but the Court is not bound to do so - If a suit is instituted on the basis of such leave, granted without notice to the defendants, the..........
Civil Procedure Code, 1908, Section 92 -- Leave of Court - If granted without notice to defendant - It is open to him to file an application for revocation of the leave which can be considered on merits and according to law...........
Civil Procedure Code, 1908, Order 21, Rule 66, 54 -- Notice under O.21.R.66(2) to J.D. before settling sale proclamation not necessary when once O.21.R.54 is complied with by issuing notice at the stage of attachment to furnish value of the property for settling sale proclamation...........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Proclamation of sale - Notice - Served on J.Ds. - One of the J.D. filed counter but remained ex parte without participating in proceedings - Notice issued proper - Finalisation of proclamation proceedings in the absence of J.Ds. - Not illegal...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Sale - Not liable to be set aside unless J.D. sustained substantial injury by reason of such irregularity or fraud - Irregularity must be a material irregularity - Inadequacy of price realised in sale must be proved to have been caused by reason of material irregularity or fraud - Reduction of upset price for want of bidders..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Subsequent filing of an appeal by a co-party would not ipso facto take away the jurisdiction of the lower Court to consider and dispose of the review, unless that Court had information that the appeal has been disposed of - If the disposal is on merits, the principle of merger may apply - If the review petition was..........
Civil Procedure Code, 1908, Order 41, Rule 31, 30, 23-A, 27 -- Non - disposal of application for additional evidence - Causes serious prejudice - Judgment and decree of First Appellate Court set aside - Case remanded for fresh decision of appeal on merits as well as on application - Application for additional evidence in appeal - Notice given to opposite side who also..........
