Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Opportunity given but not availed - Sought permission to file replication after closure of evidence of plaintiff - Replication is mere denial of new or fresh facts pleaded in the written statement - Issues are framed on the basis of plaint and written statement - Role that can be attributed to the..........
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 4, 6, Constitution of India, 1950, Article 226 -- Acquisition proceedings - Jurisdiction of Civil Court - Held, Civil Court has no jurisdiction to go into the question of validity or legality of notification and declaration - Only right available for aggrieved person is to approach High Court U/A..........
Civil Procedure Code, 1908, Section 9, 21 -- Jurisdiction of Civil Court - Objection as to exclusion - Held, objection as to exclusion of Civil Court's jurisdiction for availability of alternative forum should be taken before trial Court and at the earliest failing which higher Court may refuse to entertain plea in the absence of proof of prejudice...........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Application to bring LR on record - Delay of 1216 days - Condonation - Petitioner No.1 stated that plaintiff No.2 died due to illness - Petitioner No.1 was not doing well and was unable to move due to his illness - On account of his ignorance and illness, he could not intimate death of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 3 -- Ex parte decree - Setting aside - Decree passed without considering as to whether suit is within limitation or not - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Transfer of suit from one Court to another Court - Defendant not made aware of transfer through it was prosecuting matter diligently - Non appearance bonafide - No intentional lapse - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant who is proceeded ex parte is entitled to take part in the suit at a latter stage - However, he cannot be relegated to the position he could have occupied if he had appeared unless he makes an application for setting aside the ex parte order...........
Civil Procedure Code, 1908, Order 8, Rule 6A, 9 -- Counter claim - Application for taking counter claim on record - Issues framed and evidence of plaintiff commenced - Counter claim rightly declined as belated...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - When ex parte decree is challenged then automatically the order proceeding ex parte would be deemed to have been challenged - There is no specific rule that at the time of challenging the ex parte decree, the order proceedings ex parte has also to be separately challenged...........
Civil Procedure Code, 1908, Section 5, Order 9, Rule 13(As - - Ex parte decree - Setting aside - Delay - Condonation - Application for setting aside ex parte decree can be filed even after the prescribed period of limitation, if the applicant satisfies the Court that he was prevented by sufficient cause from filing the application within prescribed time...........
