Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Appellant delaying service of summons - Question of sufficient cause can become difficult for Court to decide without recording evidence - Principle of natural justice require that proceedings should not be conducted in absence of parties, unless there are compelling circumstances - Costs can..........
Criminal Procedure Code, 1973, Section 9 -- Transfer of case from one State to another - Apprehension of physical harm from respondent No.2 and anti social elements - This is too nebulous a ground to transfer the case as petitioner has not substantiated her apprehension and she by now had been attending the Court and no untoward incident is ever brought to the notice of..........
Criminal Procedure Code, 1973, Section 9 -- Transfer of case from one State to another - Plea of illness - Not supported by medical evidence - Petitioner attending Court at Delhi in a dispute pending inter se between parties - Petitioner attending Court at Chandigarh as she had filed a criminal case against respondent No.2 at Chandigarh - Application dismissed...........
Criminal Procedure Code, 1973, Section 9 -- Transfer of case from one State to another - Comparative inconvenience of the litigant parties are not the only criterion for transferring the cases from one State to another State, but the Court has to visualize the comparative inconvenience and hardships likely to be caused to the witnesses besides the burden to be borne by the..........
Civil Procedure Code, 1908, Order 9, Rule 17 -- Exparte decree - Setting aside - Summons received under thumb impression - Mere fact that father's name was shown incorrectly whereas her husband's name had been correctly stated in summons - Held, order declining to set aside ex parte decree, upheld...........
Civil Procedure Code, 1908, Section 148, Order 9, Rule 13 -- Exparte decree - Set aside subject to payment of costs - Costs not paid within time - Extension of time - Two weeks time conveyed as two months time - Bona fide mistake - Time to comply with order of Court extended...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Plaintiff expired on 30.12.1988 - Application for impleading legal heirs filed on 5.5.1989 - Application dismissed being time barred by 36 days - Suit dismissed as abated - Application for impleading legal heirs is to be filed within 3 months - Application for setting aside abatement can be filed within next 60 days -..........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 9, Rule 13 -- Maintenance pendente lite - Proceeding u/o 9.R.13 CPC is a proceeding under the Act for the purpose of grant of maintenance pendente lite and litigation expenses u/s 24 of the Act...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Subsequent events - Rejoinder is impermissible if such subsequent pleading sets up plea inconsistent with pleading in plaint - Draft rejoinder not filed while seeking leave - Court not justified in presuming that petitioners are proposing to set up new plea - Dismissal of application even without looking into draft..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- L.R's - Substitution - Application filed after 90 days of limitation alongwith delay condonation application - No formal prayer for setting aside abatement made - Application for substitution of L.R's to be treated as an application to set aside abatement...........
