Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 9, 3 -- Condonation of delay - Abatement of suit - Partition suit - Delay was occasioned due to petitioners being unaware of pendency of suit - Explanation offered by petitioners is plausible and ought to have been accepted by trial Court - In a suit for partition, it is in the interest of all..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - If ex-parte decree is passed on the basis of `refusal of notice' trial Court is duty bound to examine process server...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Proof of service of summons is essential condition for proceeding ex-parte against concerned defendant - It was incumbent on part of trial Court to examine Process Server and witnesses of refused notice/summon on oath...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Eviction suit - Delay in question cannot be held to be fatal or prolonged - There was a slight delay, which has been satisfactorily explained by plaintiffs - Important questions of law and facts are involved in the suit and..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - If parties to suit failed or omitted to state certain facts or certain facts came to their knowledge at a later point of time in such circumstances, Court can grant leave U.O.8.R.9 CPC to file subsequent pleadings...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Additional Written Statement sought to be filed by defendant is belated and nothing but reiteration of original Written Statement with one new plea which is not only inconsistent, but would not be helpful to case of defendant in any manner - Defendant cannot seek to raise a new plea inconsistent..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Simultaneous issuance of summons through registered post and ordinary summons - An intimation was served on the addressee to collect the postal article - On receipt of the unserved postal..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local commissioner - Restricted inspection by a qualified technical expert involving mere physical verification and photography, would not amount to demolition, disturbance or collection of evidence in prohibited sense - Rather, it would assist Court in clarifying structural features of disputed wall...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local commissioner - When dispute relates to boundaries, structures, encroachments or civil engineering questions, technical and foundational fact is often permissible through expert inspection...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Setting aside order proceeding ex parte - Application to set aside order - Again non appearance - Court passing another `ex parte' order - An application U.O.9.R.7 CPC must be diligently pursued, otherwise ex parte order continues to stand - Trial Court's mistaken description of passing a fresh `ex parte' order does not cure..........
