Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Until and unless ex parte decree is set aside by a competent Court of jurisdiction in an appropriate proceeding, first appellate Court should not have disturbed or interfered with valuable rights of appellant which stood crystallized by ex parte decree without opening of whole case for..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Application cannot be allowed by relying upon contents of application which is supported by affidavit when same is belied by documents placed on record - Moreover grant of costs is not panacea in such a case - Impugned order setting aside ex parte order, set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - When defendant dies after passing of ex parte decree against him, his legal representatives can apply U.O.9.R.13 CPC to set aside the ex parte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Death of original defendant after ex parte decree - LRs of deceased defendant were brought on record - However, original defendant was not prevented by sufficient cause from appearing on the date of hearing and was negligent right from the initial stage of case - Summons were also duly served..........
Civil Procedure Code, 1908, Order 15, Rule 1 -- Disposal of suit at first hearing - Question as to whether parties are at issue on a question of law or fact, can be decided only after stage prescribed in O.14 of the Code is crossed - Question of framing issues arise either after the defendant files written statement or after the defendants are set ex parte - Court can come..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of possession - Setting aside - Provisions of O.9.R.13 of CPC to be widely construed to give discretion to the court to take into consideration the attending facts and circumstances while dealing with an application under the aforesaid provision of law - Defendant holding suit premises since long at paltry..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Succession certificate - Amendment of reply thereto - Claim of second wife sought to be amended by claiming to be the first wife of deceased - Entirely new and different case is set up by petitioner by way of amendment, which cannot be allowed - Application dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Injunction order - Disobedience - Award of compensation directly without attaching the property is not proper - Impugned order set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Reason for non service of summons is no, availability of defendant when summons were about to be served - Despite correct address given, no steps were taken by plaintiff to serve defendant on correct address - Even otherwise, suit property is valuable and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining Municipal Corporation from demolition of suit structure - Plaintiff produced documentary evidence to prove authenticity of structure - However, trial Court did not properly consider documents produced on record and refused to grant injunction on the ground that plaintiff has no locus..........
