Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of application - Counsel fell ill and could not appear - When respondent came to know about the fact, application for restoration was moved - Rules of procedure are hand made of justice and not to be used as technical ground for defeating the ends of justice - Order allowing application, upheld...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal in default - Bar of subsequent suit - Divorce Petition - Fresh petition on the same cause of action as the previous petition - Fresh petition not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 22, Rule 10 -- Ex parte decree - Setting aside at the instance of transferee pendente lite - Application U.O.9.R.13 CPC at the instance of transferee pendente lite is maintainable only when such transferee by filing an application seeks leave of Court in accordance with O.22.R.10 CPC - Only..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Either party can seek appointment of Local Commissioner in situations where there is controversy as to identification, location or measurement of the land - Local investigation should be done at an early stage so that parties are aware of the report of Commissioner and go to trial prepared - Party against..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application to set aside ex parte decree filed immediately after coming to know of passing of ex parte decree - Except bald statement of applicant no other evidence led - Court should take liberal approach for advancing the cause of substantial justice - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Inspection of land - Suit for perpetual injunction - Averment by plaintiffs that `cattle pen' (Aavadu Dhoddi) exists on suit land - Defendants contradicted said plea by filing counter affidavit - Held, appointment of Advocate Commissioner is necessary to note physical features with regard to..........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 7, Rule 11 -- Muslim - Restitution of conjugal rights - Petitioner a Muslim - No mention in petition that marriage was performed according to customs of Hindu religion or that petitioner converted to Hinduism - Act applies only to marriages that take place between parties, who profess Hinduism -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 6, 9, 12, 13 -- Ex parte decree - Setting aside - Wife appeared personally and pleaded that her counsel was demanding money for filing written statement - Court rendered advise to appellant to contact Secretary, District Legal Service Authority for free..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Trial Court compared signatures on summons with signatures on application and held that signatures on summons was that of defendant - Held, when defendant filed affidavit in support of his application that he was not duly served with summons and that affidavit remained uncontroverted then..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal in default - Restoration - Wrong noting of date by counsel - Affidavit of counsel is sufficient - Counsel is not expected to place on record the copy of his case diary or the photocopy of brief - Petition restored...........
