Civil Procedure Code, 1908, Order 1, Rule 9 -- Non joinder of parties - Non impleading of vendors - Dispute between plaintiff and another person and not vendors - Held, vendors need not be impleaded...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Bar of subsequent suit - Previous suit dismissed for default and no restoration application filed - Second suit is barred...........
Civil Procedure Code, 1908, Order 17, Rule 2, 3, Civil Procedure Code, 1908, Order 16, Rule 8, 9, 10 -- Summoned witnesses - Served - Failing to appear - Evidence closed - Held, party cannot be made to suffer for non-appearance of the witnesses who have been duly served and do not appear in spite of the service of summons - In case witnesses who are served fail to appear..........
Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Written statement not filed - Decree passed - Petition U.O.9.R.13 for setting aside such a decree is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Applicant also invoked appellate jurisdiction during pendency of application U.O.9.R.13 - Held, application U.O.9.R.13 was rendered untenable no sooner jurisdiction of appellate forum was invoked by applicant...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree passed on 30.4.1997 and application to set it aside filed on 28.10.1997 - No application for condonation of delay filed - Application could not have been registered muchless tried by trial Court - Order allowing application set aside...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of restoration application - Application is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - It is the aggrieved party alone who can file petition to set aside exparte decree - In the instant case defendant No.3 proceeded exparte and defendant No.1 filed petition to set it aside - Held, even if it is admitted that there is error in the procedure followed for service of summons it is..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Composite order on merits as well as on application for condonation of delay - There is no illegality in the same...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Recall of order sought by a person not party to the proceedings - Condonation of delay - Application moved when it came to know of order - Hence not required to explain delay - Only requirement is to show when it came to know of order as such application for condonation of delay is not..........
