Civil Procedure Code, 1908, Order 9, Rule 3 -- Dismissal of suit for default - Plaintiff remained absent on five consecutive dates which shows that plaintiff was no longer interested to pursue the suit filed against defendant - Defendant also never entered appearance despite receiving notice from Court - Suit rightly dismissed for non-appearance of parties...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Commissioner - It is discretion of Court to issue survey commission for identification of property in dispute if required for elucidating any matter in dispute...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Petitioner was aware of proceedings, as he earlier filed application for setting aside ex parte decree and remained unrepresented - Application was dismissed for non-prosecution and eviction order was passed - Grounds taken for setting aside ex parte decree that he was not aware of ex parte..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree set aside on the basis of statement of registered power of attorney holder of plaintiff - Application by plaintiff to set aside such order as being the result of fraud played by power of attorney holder - Such assertion denied by defendant - In such circumstances, it was..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of investigation commissioner - Right of pre-emption - Pre-emptor in the case has simply to prove that he was an adjacent owner - Such proof could easily be accomplished on the basis of respective title deeds, mouza map, record of right, land plan annexed to deeds etc. - Local features of the plots would hardly be..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Purpose of O.26.R.9 CPC is not to assist either of parties to the lis to collect evidence in its support - It is to elucidate a fact, if Court is of the opinion that elucidation of said fact cannot be done except by exercising powers U.O.26.R.9 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit land is abadi deh - Application was filed before framing of issues alleging interference by defendants on the suit land which was denied by defendants - Onus to prove the case lies with plaintiff to prove the fact - Application rightly rejected...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte decree - Setting aside - Once the decree was passed in the absence of defendant, O.17.R.2 CPC could not be attracted, as decree was ex parte...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit for money - Cause shown by defendant having been found to be sufficient - Ex parte decree rightly set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Boundary dispute - Court is not bound to issue commission in every case of boundary dispute, merely on the asking of a party - Court has to see bona fides of party asking for appointment of commission...........
