Civil Procedure Code, 1908, Section 105, Order 9, Rule 4 -- Ex parte order - Setting aside - In case of filing an appeal against ex parte order, appellant can also challenge the other interlocutory orders passed during pendency of trial of suit...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Mere fact that defendant absented himself on the date of hearing and suit proceeded ex parte does not by itself entitle plaintiff to get a decree in his favour - Court has to see whether by any evidence available on record plaintiff has been able to prove his case or not - Even in ex parte..........
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..........
Civil Procedure Code, 1908, Section 79, Order 1, Rule 9, 27, Constitution of India, 1950, Article 300 -- Suit against State or Union of India - Relief when sought against State or Union of India then State or Union of India must be impleaded as a party - In case it is not so impleaded, suit is not maintainable for want of necessary party...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Maintainability of suit - Suit not barred on the simple reading of plaint averments - If for deciding maintainability of suit, written statement or evidence is to be considered, then it is appropriate to frame an issue regarding suit being so barred and permit parties to adduce evidence on the issue instead of rejecting the..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Second suit - Dismissal of first suit for want of prosecution - Second suit with a different relief based upon a separate cause of action is not barred U.O.9.R.9 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Second suit - Dismissal of first suit for want of prosecution - `Same cause of action' plays a vital role for deciding as to whether any suit is barred - Second suit is only barred if its cause of action is the same as in the earlier suit which had been dismissed for want of prosecution...........
Evidence Act, 1872, Section 9 -- Test identification parade - Where complainant and accused persons are not known to one another, in the absence of TIP, identification of accused persons for first time in Court, should not be relied upon...........
Evidence Act, 1872, Section 9 -- Test Identification parade - Evidentiary value - Test identification proceedings are conducted merely to satisfy whether investigation is proceeding in right direction - Identification in Court is substantive evidence whereas test identification during investigation can only be used for the purpose of corroboration - Thus, it cannot be said..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7 -- Distinction between provision of O.26.R.9 and O.39.R.7 CPC - O.39.R.7 CPC can be used while dealing with a temporary injunction or an interlocutory order and O.26.R.9 CPC can be used at any stage of the trial...........
