Civil Procedure Code, 1908, Section 141, Order 9, Rule 13 -- Recall of order sought by a person not party to the proceedings - Miscellaneous proceedings - O.9.R.13 applies to such proceedings by virtue of S.141 - Order passed by practising fraud and suppressing facts - Hence, application by a person not party to the proceedings to recall order is maintainable - Order..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Suit for injunction - Encroachment of property and its boundary in dispute - Local commissioner can be appointed for measurement of property and to demarcate the boundaries of the property - However, Local Commissioner cannot go into question as to who is in possession of the property...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Second Commission - Can be appointed to collect more details and it is not necessary to set aside the previous commission report...........
Civil Procedure Code, 1908, Section 9 -- Suit for declaration that a person belongs to Scheduled Caste or Schedule Tribe - Such suit is impliedly barred by Articles 341 and 342 of the Constitution...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Death of one of the defendants a guarantor - Notice sent to one of L.R's on incorrect address - Exparte decree passed - Said L.R. applied for setting aside ex parte decree - Order of rejection - No finding as to service of notice on him nor any enquiry held in that regard - His share in estate..........
Civil Procedure Code, 1908, Order 9, Rule 13, Arbitration Act, 1940, Section 17, 30, 33 -- Arbitration award - Objections not filed and ex parte decree passed - Held, O.9.R.13 CPC is applicable - If application for setting aside the award is filed beyond the prescribe time and sufficient cause for condoning the delay in filing objection application is established, Court..........
Arbitration Act, 1940, Section 33, Civil Procedure Code, 1908, Order 9, Rule 13 -- Arbitration award - Ex parte decree passed as objections u/s 33 of Arbitration Act not filed - Setting aside exparte decree - Held, provisions of CPC are applicable...........
Arbitration Act, 1940, Section 33, Civil Procedure Code, 1908, Order 9, Rule 13 -- Arbitration award - Objections u/s 33 not filed within 30 days from date of filing of award - - Decree passed - Amounts to an ex parte decree - O.9.R.13 CPC is applicable...........
Arbitration Act, 1940, Section 22, Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 119 -- Arbitration award - Objections not filed within 30 days of filing of award - Ex parte decree passed - O.9.R.13 CPC applies - For limitation purpose provisions of Art.119 apply...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Arbitration award - Objections within 30 days not filed - Decree passed - Amounts to exparte decree - Application to set aside exparte decree - Delay - Condonation - Within period of limitation counsel instructed to file objections under S.33 - Delay in preparing objections by counsel - Delay of 12 to 13 days in preparing..........
