Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Commission - Rejection of application for issuing commission - Revision thereagainst - Not maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Civil Procedure Code, 1908, Order 43, Rule 1(k) -- Abatement - Application to set aside - Dismissal - Appeal and not revision lies - Fact of composite application U.O.22.Rr.4 & 9 alongwith application u/s 5 Limitation Act is immaterial as fact remains that abatement of suit is automatic on failure to bring on record legal..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Reason for absence stated to be `illness' - Medical certificate not furnished - Does not lead to an inference that plaintiff is stating false as it is common knowledge that though a person may not be `ill', still a medical certificate to that effect can be procured...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Imposing conditions - Past conduct of defendant considered - Condition imposed to deposit entire cost of suit - Condition cannot be said to be onerous or without jurisdiction...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Whether not showing the name of Advocate for appellant in the `cause list' is a sufficient cause to set aside the exparte decree? Held, Yes...........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c)(d) -- Restoration application - An appeal lies against an order dismissing for default or on merits an application U.O.9.R.9 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Due to ailing wife petitioner not regularly attending Court and only in case of urgency was coming to Court - Exparte decree passed on 10.9.98 - Wife of petitioner suffering seriously since 1.9.1998 till 6.3.1999 - After recovery of wife from ailment petitioner immediately filed application to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - More than one defendant - Exparte decree to be set aside only against those who satisfy the Court that he was prevented by sufficient reason from appearing in Court - Anyhow if the nature of the decree is such that it canot be set aside as against such of the defendants only who applied for..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Condonation of delay in filing application - Affidavit of counsel in support thereof that he failed to intimate the date of adjournment to the party - Held, it is always desirable and advisable that the parties alone should sworn to the affidavits in support of such..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non joinder of proper parties - Suit not to be dismissed - However, this rule does not apply in case of non joinder of necessary parties - Opportunity cannot be given to plaintiff to implead necessary parties when despite preliminary objection he declined to implead necessary parties...........
