Civil Procedure Code, 1908, Order 9, Rule 13 -- Second Proviso - To take benefit of the second proviso it has to be established that the opposite party had sufficient time to appear and that he was in a position to answer the plaintiff's claim - Both the conditions must be satisfied together...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Demarcation - Measurement to be done either from fixed points or survey stones and in absence of both, from fixed boundary line with the common boundary on consent of parties to the dispute...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - If there is gross negligence and failure to show sufficient cause for failure to appear before the Court on the day the case was posted for filing written statement, the suit need not be restored - However, suit can be restored awarding costs only if there is minor negligence or laches...........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 17 -- Additional written statement - New claims and inconsistent pleas cannot be raised and for raising such pleas one has to resort to O.6.R.17 CPC...........
Civil Procedure Code, 1908, Section 9 -- Caste certificate - Cancellation - Civil Court has no jurisdiction to entertain and try suit challenging cancellation of caste certificate...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Delay of 554 days - Condonation - Plea that the person who was appearing on behalf of company left the service since 1994 because of death of his son and none informed about further proceedings in Court - Exparte decree passed on 17.9.1993 - Knowledge was in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - No evidence of proper service of summons on defendant - Exparte decree rightly set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Case transferred - Transferee Court did not issue notice to parties - Defendant proceeded exparte being absent - Held, it is the duty of the transferee Court to intimate the date fixed in the case to the parties - Cause of party cannot be allowed to suffer simply because the Court has failed..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Imposition of condition - When there is no fault attributable to the parties in not putting appearance on the day when ex parte order was passed, the imposition of condition precedent should be avoided...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Once the suit is restored, interlocutory orders which had been passed before the order of dismissal would also be revived...........
