Civil Procedure Code, 1908, Order 21, Rule 90 -- Ex parte decree - Appellant took possession - Respondent not impleaded as party to suit - Respondent had earlier filed suit impleading appellant also claiming tenancy rights in suit premises - Ad-interim injunction restraining appellant from disturbing possession of respondent was passed in that suit - Without that order..........
Civil Procedure code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Ground of petitioner that she was not residing in village and notice could not be deemed to have been served on her - Evidence of process server and a witness that petitioner refused to sign on notice - Service was effected by way of Gazette publication also - Held, petitioner was rightly set..........
Civil Procedure Code, 1908, Order 21, Rule 66, 67 -- Proclamation of sale - Sale notified in the village by beat of drums after start of auction - Held, sale is without proper notice and publicity and is therefore illegal having caused great prejudice to the interest of the appellant...........
Civil Procedure Code, 1908, Order 21, Rule 66, 67 -- Proclamation of sale - Sale notified in the village by beat of drums after start of auction - Held, sale is without proper notice and publicity and is therefore illegal having caused great prejudice to the interest of the appellant...........
Criminal Procedure Code, 1973, Section 482 -- Penal Code, 1860, Sections 406/498A - Quashing of complaint - Dismissal of earlier complaint - When the complaint was filed, the factum about dismissal of the earlier complaint had been brought to the notice of the Court - Was mentioned in the subsequent complaint that earlier complaint had been dismissed - Once this fact had..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 11 -- Death of General Attorney during pendency of appeal-Legal representatives not substituted-Matter to be adjudicated only by or on behalf of principal-Mere death of General Attorney-Does not cause any impediment in disposal of appeal without Legal Representatives of General Attorney being brought on record and given..........
Civil Procedure Code, 1908, Order 1, Rule 8, Civil Procedure Code, 1908, Order 7, Rule 4(2) -- Representative suit - Provisions of O.7.R, 4(2) requiring applicant to file affidavit giving details of all persons interested in suit are not applicable to grant of leave U.O.I.R8 - Where personal service to parties interested is not practicable notice of suit may be given by..........
Civil Procedure Code, 1908, Order 5, Rule 19-A -- Provision is mandatory - A duty is case on the Court to issue summons by ordinary process also when Court orders service through registered post - Notice was sent by registered post without obtaining orders from the Court to that effect - Refusal thereof - Held, appellant was not served in accordance with law...........
Civil Procedure Code, 1908, Order 21, Rule 22(1) -- Execution proceedings against dead person are null and void - Auction sale - J.D. died even prior to issue of sale proclamation - Sale held against dead person without impleading L.R's and without issuing notice to them is null and void - It is immaterial whether J.D. died before or after sale proclamation...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Condonation of delay - Where Court had served notice, not on party but on his Advocate who was not appearing for party, party had no notice of proceedings and in such situation delay has to be condoned to prevent miscarriage of justice...........
