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..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - New point raised for the first time in replication but not controverted - It must be assumed that the plea raised in replication was accepted. (AIR 1971 P&H 437 relied)...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Non impleading of co-defendants - Application is maintainable - Proviso to the rule gives discretion to the Court to decide about the effect of the decree on other defendants but nowhere provides that for passing of such an order other defendants should also be made party to the proceedings...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte award - Setting aside - Sufficient cause - Mistake of counsel as case not noted in case diary - Case diary not produced - Unrebutted affidavit sworn by counsel - Litigant should not suffer for the lapses on the part of his counsel - Justice can be done when both the parties are properly heard - Explanation should not..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Nature of claims and contentions and the effect which the decision of case will have on rights of parties - Cannot be ruled out as totally foreign to area of consideration in a petition U.O.9.R.9 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication & Rejoinder - `Replication' in usage means reply to defendant's plea or answer - `Rejoinder' is used in common law pleading as answer to the plaintiff's replication - In language the words replication and rejoinder are almost synonymous - Replication cannot be filed as a matter of right and leave of Court is..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Proposed averments in additional written statement well within knowledge at the time of filing written statement - Proposed averments not totally irrelevant for adjudication - Application allowed subject to payment of Rs.5, 000/- as costs...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Additional pleadings after filing written statement is often referred as additional written statement - Filing of additional written statement may be necessitated for the purpose of introducing new contentions or for clarifying or elaborating on the contentions already raised - That need not..........
Civil Procedure Code, 1908, Order 8, Rule 5, 10, Civil Procedure Code, 1908, Order 9, Rule 1, 6(1)(a) -- Written statement - Failure to file - Court can pronounce judgment on the basis of facts disclosed in the plaint - Court can also proceed to hear the suit in terms of O.9.Rr.1 & 6(1)(a) - If Court exercises power U.O.8.Rr.5 or 10 or U.O.9 against some of the defendants,..........
