Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Divorce petition - Once it is shown that applicant has no knowledge of the proceedings and not served with summons in filing application within one month from date of knowledge as per Art.123 of Limitation Act as substituted service is no proper service, rejection of her application..........
Civil Procedure Code, 1908, Section 9, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Jurisdiction of civil Court - As per agreement clause Courts at Mumbai are granted exclusive jurisdiction - Therefore, Civil Courts at Calcutta does not have any jurisdiction...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 9 -- Divorce - Earlier petition dismissed for default - Fresh petition, without seeking restoration of earlier petition, dismissed for default, is not maintainable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Cannot be appointed to enable a party to create or collect evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Injunction suit - Injunction is claimed by plaintiff being a co-owner in exclusive possession of a co-owned land - Said plea can be substantiated by producing revenue record and other material - Discretionary order passed by Court refusing to appoint Local Commissioner to create evidence, does not warrant..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Death of sole defendant - LR's of deceased defendant were duly served but they did not enter appearance and were accordingly proceeded against ex-parte - Application for setting aside ex-parte decree moved by LR's within 5 days of suit being decreed ex parte - Each one of LR's was located..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal of suit U.O.9.R.3 CPC - Subsequent suit - Where earlier suit was dismissed for no, appearance of both the parties, plaintiff can bring fresh suit as per O.9.R.4 CPC and O.9.R.9 CPC would not act as a bar to subsequent suit...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Earlier suit dismissed for no, appearance of both the parties - Restoration application also dismissed for non payment of costs - When suit is dismissed for non appearance of both the parties, plaintiff can file fresh suit and dismissal of restoration application has no significance in the matter...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Objection as to no, joinder and mis-joinder of parties - Ought to be taken immediately and it cannot be brought at any time, for, suit itself cannot be defeated by reason of such mis-joinder...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Proper party - If the owner of property was HUDA and defendants were allottees with equitable right of purchase from HUDA, latter would be necessary party in terms of S.13 of Specific Relief Act...........
