Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Proceedings at the instance of son though having no locus being not party to original suit - Pendency of said proceedings and time spent therein cannot be excluded while computing period of limitation in filing appeal by defendant...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed for default - An advocate can file restoration petition though vakalatnama does not expressly authorise him to file an application for restoration, if Court is satisfied that there was no express prohibition in doing so, it has to assume that counsel had implied authority to file such application...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Reapplication is always part of pleadings - Trial Court allowed filing of replication keeping in view the averments made in written statement - Order upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside an exparte decree - Petitioner had adequate knowledge about pendency of litigation but failed to appear - Petitioner chose to file setting aside the ex parte proceedings after 8 years when revision was decided against them - Petition dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 17, Rule 3 -- Dismissal of suit for default - Maintainability - Suit for specific performance - There is a clear distinction between dismissal of suit for default and dismissing suit for other kinds of default - If the suit is dismissed for default then application to set aside will be filed..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Application for setting aside ex parte - No time limit for setting aside the ex parte order passed against defendant, though delay may be one of the considerations whether to allow of decline the request for setting aside the ex-parte proceedings...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside of ex-parte decree - It is apparent that defendants had adequate notice of date of hearing and had time to appear and answer petitioner's claim - Defendants were well aware of pending proceedings - Moreover, application for setting aside ex-parte decree is also time barred - Hence, application for setting aside..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Cancellation of plot allotment in favour of subsequent purchaser without impleading him as a party defendant in suit despite knowledge about subsequent sale at the time of filing of suit - Non-joinder of subsequent purchaser, who is necessary party is fatal to case of plaintiff - Suit..........
Civil Procedure Code, 1908, Order 9, Rule 4, 9 -- Suit dismissed U.O.9.Rr.2,8 CPC - Application for restoration of suit filed U.O.9.R.4 CPC - Application should have been filed U.O.9.R.9 CPC as well...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Sufficient cause of non appearance - Neither petitioner nor his advocate filed affidavit disclosing reason for not appearing at the time when case was called for hearing - Advocate refused to give his affidavit - Although reason was assigned that he was suffering from jaundice and typhoid but no medical..........
