Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal for default - Restoration - Application when filed within statutory period of 30 days, suit should normally be restored provided absence was not mala fide or intentional - Reason for dismissal stated that Counsel was busy in another Court and applicant engaged in performance of religious ceremony - Held, dismissal of..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal for default - Restoration - Such application to be decided as expeditiously as possible and preferably within three months...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte eviction order - Setting aside - Ground to set aside ex parte proceedings not only found to be incorrect but also totally false - Petitioner in fact put in appearance and was proceeded exparte but the proceedings were sought to be set aside on the ground that he was never served - Held, such a false plea does not..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Service of summons - Mention of pendency of suit in written statement filed in another case against husband of one of the petitioners - Does not amount to be sufficient service of notice on the petitioner...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Court should be liberal which deciding such an application and should make every effort to decide the lis between the parties on merits, as passing of an ex parte decree at time amount to causing grave injustice to a party...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Service of summons - Notice sent through Advocate Commissioner who recorded refusal but two witnesses recorded on report were inimical to defendant - Limitation to file application begins to run from date of knowledge of passing of exparte decree - Courts should adopt liberal approach in the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Defendant failing to appear in transferee Court - Defendant appearing in Court before transfer of case and he knew of next date fixed - Counsel of defendant served with notice of transfer - Counsel not informing defendant, is a matter between defendant and his counsel - Refusal to set aside..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7 -- Ad interim injunction - Local Commissioner - Pending adjudication of ad interim injunction application Local Commissioner can be appointed to note down the physical features of the property in dispute - However, ad interim..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7 -- Scope - Provisions of O.26.R.9 & O.39.R.7 operate separately and for different purposes - One is to elucidate the fact in dispute and the other is to obtain full information and evidence mostly for the purpose of keeping on record the existing condition of the property so that if..........
Civil Procedure Code, 1908, Section 141, 107, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Condonation of delay - Provision of S.141 is applicable to an application for condonation of delay in filing the application for restoration of suit - It also applies to similar proceedings filed at appellate stage in view of provision of S.107(2) CPC...........
