Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Limitation - Summons not duly served - Limitation of 30 days starts to run from the date of knowledge of the decree...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Restoration of suit dismissed in default - Affidavit of counsel of petitioner that he had to rush to his village where his uncle had expired - He could not inform his client due to said emergency - Held, that it was a sufficient cause - Substantial justice has to be preferred against technical flaws - There should be no..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Dismissal in default - Restoration of suit - Sufficient cause - Substantial justice is to be preferred against technical flaws - There is no presumption that delay is always deliberate - The material consideration in such cases should be whether there is any taint of mala fides or element of recklessness or ruse - If these are..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal of suit for non prosecution - Suit challenging conveyance deed dismissed for default - Subsequent suit filed for partition - Held, transfer deed thus remained unchallenged - Transfer deed being intact, plaintiff cannot be permitted to claim any right in the property and ask for partition...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal of suit for non prosecution - Conveyance deed challenged - Suit dismissed for default - Subsequently suit for partition filed - Held, by abandoning the challenge to the conveyance deed and by his conduct accepted its existence and validity...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Limitation - Service of summons by substituted service by publication in newspaper - Such service not due service in view of Explanation to Art.123 Limitation Act - Application filed within 30 days from date of..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Can be allowed, if it is not likely to cause prejudice to the plaintiff and it is so relevant to prove the facts placed before the Court by the defendant, which cause no prejudice to the plaintiff even in the absence of any claim or set off or counter claim...........
Civil Procedure Code, 1908, Section 9, Punjab Public Money(Recovery of Dues) Act, 1983, Section 4, Haryana Public Moneys (Recovery of Dues) Act, 1979, Section 3(4) -- Maintainability of Suit in the Civil Court - Issue framed regarding the non maintainability of the suit - Lack of jurisdiction of the Civil Courts forms part of the issue regarding maintainability of the..........
Civil Procedure Code, 1908, Section 9, Order 23, Rule 3 -- Civil Court - Ouster of jurisdiction - S.4 of Pension Act bars jurisdiction of civil Court to entertain suit relating to pension - S.12 of Pension Act makes an agreement with regard to pension null and void - Compromise decree in a suit which is barred by law is null and void...........
Civil Procedure Code, 1908, Order 6, Rule 1, 17, Civil Procedure Code, 1908, Order 9, Rule 8 -- Replication - Whether pleading? - Once permission is given U.O.9.R.8 to file subsequent pleading then this pleading is a pleading within the meaning of O.6.R.1 as well as O.6.R.17 CPC...........
