Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Suit was not fixed for actual hearing - After passing of order proceeding ex parte plaintiff was directed to file affidavit by way of evidence - No such affidavit was filed - Defendants cannot be prevented from participating in the proceedings from that stage - Would be entitled to..........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 7, Rule 10 -- Written statement not filed - Defence of defendant struck off - Case fixed for exparte evidence - Cause shown by the defendant for not filing the written statement was just, proper and good cause - In the interest of justice opportunity ought to have been granted to file the..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Application filed at the fag end of the case when it was posted for arguments - Held, technicalities of procedure should not hamper the dispensation of justice - Court did not record any evidence before passing the order - Other party can be duly compensated with costs due to delay in filing the application - Application..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Provision is not a penal provision and it is only in clear cases of gross negligence and misconduct that a party should be deprived of the opportunity of having a satisfactory disposal of the case - Even the written statement has not been filed - No prejudice is going to be caused to the plaintiff - Order proceeding ex-parte..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Setting aside exparte order - Cause for default in appearance found to be untrue - In one affidavit plea of ailment taken and in another affidavit plea of dysentery taken - Different cause for absence - Held, prayer for setting aside the order directing the suit to be heard ex parte cannot be allowed...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Dismissal for default - Restoration - Bonafide mistake on the part of counsel not to appear and circumstances ex-plained do not amount to deliberate action or negligence on the part of the counsel - Suit restored...........
Civil Procedure Code, 1908, Order 9, Rule 7, 8, 9, 10, 11, 12, 13 -- Dismissal for default - Liberal view should be taken - Held, litigating public should not suffer for the default of the advocate...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- No limitation is provided for setting aside exparte proceedings...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Exparte proceedings - Setting aside - Power is to be exercised liberally - Applicant has to show good cause...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 7 -- Eviction petition - Whereabouts of tenant not known - Proceeded exparte - Wife of the tenant carrying on business in the premises - Wife is entitled to get herself impleaded as a party - She is proper as well as necessary party - Order dismissing application U.O.1 R.10 set aside...........
