Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Trial Court dismissed application by holding that defendant was served in the suit and inspite of that he did not choose to appear - However, appellate Court set aside the exparte decree - Interest of plaintiff is not to be prejudiced if the suit is heard on merits in accordance with law -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Eviction petition - Ground of eviction that premises is in a dilapidated and dangerous condition for which demolition and reconstruction is required - Held, it would be fit and proper that an independent Engineer/Advocate Commissioner is appointed for coming to a proper finding in that respect...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Irregularity of service of notice - To be ignored only if Court is satisfied that party had notice of the date of hearing and had sufficient time to appear and contest the claim of plaintiff...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Proviso - Exparte decree - Setting aside - Defendants not served with summons - Proviso of O.9.R.13 does not come into play...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Date of knowledge of exparte decree - Plaintiff did not execute the decree for 12 years and kept it as guarded secret - Held, there is no reason to disbelieve the evidence lead by defendant with regard to the date of knowledge of the exparte decree...........
Civil Procedure Code, 1908, Order 5, Rule 9(4), 19 -- Summons - Service by post - Defendant residing outside the territorial jurisdiction of Court - Court cannot issue summons by registered post acknowledge due to a defendant residing outside territorial jurisdiction of Court - However, a defendant residing outside the territorial jurisdiction of Court can be served either..........
Civil Procedure Code, 1908, Order 5, Rule 9(4), 19 -- Summons - Service by post - Summons sent to a defendant living outside the territorial jurisdiction of Court even if refused to be accepted cannot be deemed to be proper service as summons to a defendant living outside the territorial jurisdiction of Court cannot be sent by registered post...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - No instructions - Application for restoration of appeal filed immediately on coming to know about the order - Appellant not present due to illness - Order of dismissal set aside - A party cannot be allowed to suffer for the fault on the part of his counsel...........
Civil Procedure Code, 1908, Section 9 -- Civil Court - Jurisdiction - Civil Court has jurisdiction to try all suits of a civil nature except when it is either expressly or impliedly barred by any statutory provision and conferred on other Tribunal or Authority...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Application U.O.9.R.7 - Not maintainable when filed at the stage when arguments have been completed and suit is pending for pronouncing judgment...........
