Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application filed within 30 days of receipt of certified copy - Knowledge of ex parte decree 11th Sep. - Applied for copy on 12th Sep. - Date fixed for supply of copy 13th Sep. - Copy not ready on that date - Copy ready on 18th Sep. - No notice that copy is ready given - Copy received on 25th..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 7, 19, Evidence Act, 1872, Section 102 -- Ex parte decree - Setting aside - Valid service of summons - Denial - Burden of proof - It is on the person who affirms that there was a valid service which was refused - Held, it is untenable argument that defendant must put the Court bailiff..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings - Executing Court cannot stay the execution proceedings merely for the reason that a separate application U.O.9.R.13 CPC is filed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Court while seized of application U.O.9.R.13 CPC has to decide independently the application for staying execution proceedings on the well established principles of prima facie case, balance of convenience and irreparable loss and injury...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree not to be set aside on an assumed irregularity in service of summons if defendant had notice of date of hearing and had sufficient time to appear and answer the plaintiff's claim...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Industrial dispute - Held, civil Court may have a limited jurisdiction in service matters but it cannot be said to have no jurisdiction at all to entertain a suit - It is trite law that where right is claimed by plaintiff in terms of common law or under a statute other than one which is created a new..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Non filing - Does not amount to admission of what is stated in the written statement - Replication is a facilitative procedure which parties adopt to join issues for denying what is brought through a written statement...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Partition suit - Bar U.O.22.R.9 CPC - Held, unless there is previous partition, plaintiff in a previous suit, which has abated due to no, substitution of defendant or defendants, can himself also bring a subsequent suit for partition - So long as there has been no division of joint property by actual delivery of allotments of..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, 15, Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction - Ex parte order - Setting aside - Petitioner filed instant revision petition u/Art.227 of Constitution of India whereas his remedy against ex parte order of eviction lies u/s.15 of the Act of 1973..........
Civil Procedure Code, 1908, Section 9, 20 -- Jurisdiction - Decree passed by a Court having no jurisdiction is nullity - Such an issue can be raised at any stage of the proceedings - Acquiescence of a party cannot defeat the legislative animation as doctrine of waiver does not apply - Finding of a Court or Tribunal becomes irrelevant and unenforceable/inexecutable once the..........
