Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - It is not necessary for a person to first apply U.O.9.R.13 CPC for setting aside ex parte decree - He has both options either to file an appeal or review or an application for setting aside ex-parte decree - It is open to defendant who filed an appeal against ex-parte decree u/s 96(2) CPC to..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Relief U.O.8.R.10 CPC is discretionary and Court has to be more cautious while exercising such power where defendant fails to file written statement - Even a Court must be satisfied that there is no fact which needs to be proved in spite of deemed admission by defendant and Court must give reasons for..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 4 -- Ex parte order - Setting aside - Court proceeded ex-parte against defendants and in all attempt by defendants to file written statement alongwith application was disallowed by trial court and defendants were also prevented from even cross examining the witnesses - Application to set aside ex parte order was also..........
Representation of the Peoples Act, 1951, Section 33(5), 100(1)(a)(b) - - Election of Legislative Council - Candidate is an elector of different constituency - Failure to file current electoral role along with nomination papers - Held, it would tantamount to no, compliance of S.33(5) of the Act...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue to be considered is not as to whether plaintiff has cause of action to file the suit, but as to whether plaint discloses cause of action...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Single application U.O.6.R.17 & O.1.R.10 CPC - Court should disallow acceptance of such clubbed application at the threshold, and if insisted, they should be returned forthwith to their owners with liberty to file them afresh by removing such patent defects...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Single application U.O.1.R.10 & O.6.R.17 - Application U.O.1.R.10 to be decided first - If parties are introduced each one of them would have a right to file their written statement admitting or denying the facts on which plaintiff relies upon to obtain a decree - All such newly..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction - Bona fide need - Death of landlord - Effect - Held, where landlord files an eviction petition for bona fide requirement for himself and his family, death of landlord would not grant legal heirs to make same ground as claimed by landlord - However, when there are two plaintiffs who together file an eviction..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Revision against order allowing application for attachment before judgment - Plea that defendant is not disposing of the property - In case defendant is not disposing of property then he has no grievance at all to file revision even if impugned order is passed and property is ordered to be..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Malfunctioning of the State Government regarding the unpardonable lackadaisical attitude towards pursuing matter in the court of law cannot be the reason for loss of public property, which involves public money and causes loss to the public exchequer - Delay condoned in the larger interest of public - However, this..........
