Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Non substitution of L.R's - When claim of parties with respect to suit properties is indivisible or inseparable, in that case on account of non substitution of heirs of any of the parties, the suit/appeal as a whole becomes incompetent and is liable to be dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Non substitution of L.R's - Suit for partition - One of appellant died during pendency of appeal - L.R's not substituted - Appeal as a whole becomes incompetent - In a suit for partition each and every co-sharer/co-owner is in the position of plaintiff as also defendant - For an effective decision of partition suit/appeal,..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Suit dismissed in default in absence of both parties - Court can restore such suit without issuing notice to the opposite side if sufficient cause is shown - Plaintiff pleaded noting of wrong date as he was hard of hearing, need not be proved by medical records - Suit restored...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - It is not necessary for a person to first apply U.O.9.R.13 CPC for setting aside ex parte decree - He has both options either to file an appeal or review or an application for setting aside ex-parte decree - It is open to defendant who filed an appeal against ex-parte decree u/s 96(2) CPC to..........
Civil Procedure Code, 1908, Section 105, Order 9, Rule 4 -- Ex parte order - Setting aside - In case of filing an appeal against ex parte order, appellant can also challenge the other interlocutory orders passed during pendency of trial of suit...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Mere fact that defendant absented himself on the date of hearing and suit proceeded ex parte does not by itself entitle plaintiff to get a decree in his favour - Court has to see whether by any evidence available on record plaintiff has been able to prove his case or not - Even in ex parte..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 4 -- Ex parte order - Setting aside - Court proceeded ex-parte against defendants and in all attempt by defendants to file written statement alongwith application was disallowed by trial court and defendants were also prevented from even cross examining the witnesses - Application to set aside ex parte order was also..........
Civil Procedure Code, 1908, Section 79, Order 1, Rule 9, 27, Constitution of India, 1950, Article 300 -- Suit against State or Union of India - Relief when sought against State or Union of India then State or Union of India must be impleaded as a party - In case it is not so impleaded, suit is not maintainable for want of necessary party...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Maintainability of suit - Suit not barred on the simple reading of plaint averments - If for deciding maintainability of suit, written statement or evidence is to be considered, then it is appropriate to frame an issue regarding suit being so barred and permit parties to adduce evidence on the issue instead of rejecting the..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Second suit - Dismissal of first suit for want of prosecution - Second suit with a different relief based upon a separate cause of action is not barred U.O.9.R.9 CPC...........
