Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside exparte decree - Discreationary jurisdiction conferred on the Courts for setting aside exparte decree - Conditions to be imposed by Court - Scope of - Case laws discussed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside exparte decree - Application for recording a decree under O 12, R 6 - Defendant proceeded ex-parte - Ex-parte judgment and decree on admission of sum of Rs. 37, 24, 478/- passed - Application for setting aside ex-parte decree - Allowed by Trial Court with a condition to furnish security of Rs. 37 lacs in form of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for permanent injunction - Revenue official already demarcated area and fixed stone,s dividing property of plaintiff and defendant - Held, appointment of Advocate Commissioner unnecessary...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Not allowed to be filed since rejoinder did not accompany with application seeking permission to file rejoinder - Order set aside - Plaintiff allowed to file rejoinder both to written statement as well as reply to application to temporary injunction...........
Civil Procedure Code, 1908, Order 9, Rule 6, 7, 13 -- "No instructions" - Counsel also informed defendant regrading submission of `No instructions' Exparte decree can be passed without issuing fresh notice to defendant - Ex parte decree can be set aside on showing sufficient reasons for non appearance by defendant...........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 4, 6, Civil Procedure Code, 1908, Section 9 -- Forum to challenge notification and declaration issued u/s 4 & 6 of Land Acquisition Act - Jurisdiction of Civil Courts - Civil suit not maintainable to question notification and declaration - Writ remedy available under Article 226 of Constitution..........
Civil Procedure Code, 1908, Section 2(9), Order 8, Rule 10, Civil Procedure Code, 1908, Order 20, Rule 4(2) -- Written statement - Non filing of - Case decided U.O.8.R.10 CPC - Non consideration of documents and affidavit of evidence tendered by plaintiff - Decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Exparte eviction order - Setting aside - Application is maintainable without depositing rent due...........
Civil Procedure Code, 1908, Order 9, Rule 13, East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Exparte eviction order - Setting aside - Dismissal of application - Appeal thereagainst not maintainable before Appellate Authority...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary or proper party - Recovery of loan - Insurance Company impleaded as proforma defendant as factory was insured with it against loss of fire - Insurance claim in respect of it was repudiated by it - Said defendant is just proper party and not necessary party - Suit cannot be said to be bad for its misjoinder...........
