Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Both parties claiming possession - Possession cannot be ascertained by appointment of Local Commissioner - It is for the parties to lead necessary evidence to establish possession...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Non appearance despite service - Exparte proceedings - Setting aside - Delay in dispossal of suit - Cannot be a sole ground for denying the setting aside of expate order - Respondent can be compensated wth costs - Exparte order set aside...........
Civil Procedure Code, 1908, Order 9, Rule 3, Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of attorney holder - Money suit before Family Court - Can be decided on basis of evidence adduced - Defendant appeared through advocate or power of attorney holder - For non appearance of defendant in person he cannot be declared ex parte...........
Civil Procedure Code, 1908, Section 9, Telegraph Act, 1885, Section 7B -- Civil Court jurisdiction - Telephone bills - Not paid for nearly two years - Civil suit for recovery of amount - Not barred - Telecom Department would have referred matter for arbitration only in case petitioner objected to bills...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - A prayer for bringing the legal representatives on record, if allowed, would have the effect of setting aside the abatement as the relief of setting aside abatement though not asked for in so many words is in effect being actually asked for and is necessarily implied...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - A simple prayer for bringing the legal representatives on record without specifically praying for setting aside of an abatement may in substance be construed as a prayer for setting aside the abatement...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Prayer for setting aside abatement as regards one of the plaintiffs can be construed as a prayer for setting aside the abatement of the suit in its entirety...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Failure to file application within time to implead L.R's - Abatement of suit is automatic and a specific order dismissing suit as abated is not called for...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Suit once abated though no specific order passed to that effect then L.R's proposing to be brought on record or any other applicant proposing to bring the legal representatives of the deceased party on record would seek the setting aside of an abatement...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Managing Director of Company suffering from ailments - Medical Certificate in support thereof filed - PW1 examined to prove ailments as well as medical certificate - Court filing sufficient cause for not appearing on the date he was set ex-parte - Exparte decree set aside - No justification..........
