Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte decree - Setting aside - Dismissal of application - Held, it is appeal and not revision which lies thereagainst...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Case fixed for replication and issues - Issues were framed without asking for replication - An opportunity to file replication should be given to the plaintiff - If on filing of replication, Court feels that any fresh issue arises, then Court would be at liberty to frame any fresh issue...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration and recovery of possession - When defendant No.5 who purchased property from plaintiff, has not made a party to suit, no decree can be passed against defendant No.5 directing her to deliver possession to plaintiff as suit is bad for no, joinder of necessary party -..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Application to set aside ex parte proceedings can be filed during the course of hearing of suit that is till hearing of final arguments in the suit - Application filed after hearing final arguments is neither maintainable nor ex parte proceedings can be set aside - The only remedy..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - There is no legal impediment in filing appeal against ex-parte decree after filing application for setting aside ex-parte decree - Though remedies are concurrent but their scope is entirely different - The two remedies provided against ex-parte decree are in respect of two different..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Dismissal of application for setting aside ex parte decree on ground of non service of summons - Withdrawal of appeal filed thereagainst - Withdrawal of appeal means acceptance of finding that story of non service of summons is not true - Conduct of defendants is not bona fide as..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree of divorce - Setting aside - Delay of 13 days - Wife came to know about ex parte divorce decree when she was informed by husband on telephone - Delay sufficiently explained - Delay of 13 days in filing application is not such a delay, which should be disallowed by Court,..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Ex parte decree of divorce - Setting aside - Service of summons through publication - Summons when received back with endorsement `unclaimed' Court without resorting to provision of O.5.R.17 which provides service by affixation resorted to..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Pleadings in civil suits are restricted to plaints and written statements - After issues are framed replication cannot be filed as a matter of right to controvert the pleas taken in written statement - Pleas taken in written statement which are new can only lead to framing issues - Court rightly dismissed..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Boundary dispute - It is always desirable to get the fields measured by an expert and find out exact area encroached upon - Appointment of Local Commissioner is necessary - Oral evidence cannot conclusively prove such an issue - Impugned order rejecting application for appointment of Local Commissioner..........
