Civil Procedure Code, 1908, Order 9, Rule 7 -- Application U.O.9.R.7 CPC filed at the stage when suit was pending for pronouncing judgment - Change of Presiding Officer who fixed for hearing arguments - Defendants counsel could not appear due to illness - Cause pleaded for setting aside exparte order was good cause - Application filed within 17 days from date of proceeding..........
Housing -- HIG House - Allotment on 'out - right purchase basis' - Tentative cost paid and possession taken - Non execution of sale deed - Plea that in some cases Land Acquisition pending - Specific stand of petitioner - OP that the land on which the house of complainant situated were not subject matter of in LAOP - State Commission held correct in arriving at the..........
Civil Procedure Code, 1908, Order 4-A -(As in U.P.) - Consolidation of suits - When two or more suits or proceedings are pending in the same court, and the court is of opinion that it is expedient in the interest of justice, it may by order direct their joint trial, whereupon all such suits and proceedings may be decided upon the evidence in all or any such suits or..........
Civil Procedure Code, 1908, Section 25 -- Matrimonial dispute - Wife having a minor male child - Case pending at a distant place from the place where wife is now residing with her child - Difficult for wife to travel to that place - Transfer application allowed...........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- L.R's - Non impleading - Abatement - Setting aside - Principles governing: (i) 'Sufficient cause' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case; (ii) In considering the..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- L.R's - Non impleadment - Abatement - Setting aside - If the following three conditions exist then Courts usually condone the delay and set aside the abatement (even though the period of delay is considerable and a valuable right might have accrued to the opposite party) - (i) The respondent had died during the period when..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- L.R's - Non impleading - Abatement - Setting aside - Principles governing: (i) 'Sufficient cause' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case; (ii) In considering the..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- L.R's - Non impleadment - Abatement - Setting aside - If the following three conditions exist then Courts usually condone the delay and set aside the abatement (even though the period of delay is considerable and a valuable right might have accrued to the opposite party) - (i) The respondent had died during the period when..........
Consumer Protection Act, 1986, Section 13 , 21(b) -- Revision - Additional evidence - Filing of at revisional stage - The document was with the complainant when the complaint was filed before District Forum but not produced - Appeal remained pending before State Commission for four years yet document not produced - If complainant decided to withhold the best evidence it is..........
Criminal Procedure Code, 1973, Section 205 -- Personal attendance of accused - Exemption from - Petitioners are residents of Ranchi and case against them is also pending in courts at Ranchi - Held, plea of distance or any inconvenience caused on account of distance would not be tenable...........
