Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 21, Rule 26 -- Ex parte decree - Setting aside - Stay of execution - In case execution of decree not stayed, whole purpose of filing application U.O.9.R.13 CPC would be defeated - Moreover, in terms of the directions of Court, defendant has already deposited a sum of Rs.20, 000/- - Execution of..........
Civil Procedure Code, 1908, Order 22, Rule 5, 9 -- Eviction petition - Son as sub lessee impleaded as a party - Death of tenant - Son as sub lessee and L.R. of tenant fulfils both capacities - No question of abatement of petition - Application of son for abatement rightly dismissed...........
Civil Procedure Code, 1908, Section 9 -- Injury caused to a victim - Suit for compensation - Civil Court has jurisdiction to proceed with the suit even where S.357 Cr.P.C. is invoked by a Criminal Court - However, compensation is to be fixed with reference to the compensation if any allowed under S.357 Cr.P.C. and if decision of civil suit precedes that of criminal case,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Appeal preferred against ex parte decree - Dismissed being time barred - Application for setting aside ex parte decree is not maintainable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Dispute not regarding identification or measurement of property - Local Commissioner cannot be appointed - Trial Court following 1997(1) Civil Court Cases 115 (P&H) & 1999(3) Civil Court Cases 143 (P&H) held appointment of Local Commissioner is not warranted - Order upheld...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed for default - Limitation - 30 days - Period starts to run from date of dismissal of suit and not from date of knowledge. (Limitation Act, 1963, Art.122)...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Advocate's strike - Court is not obliged to either wait or to adjourn the case on that account - Advocate has no right to stall the Court proceedings on the ground that Advocates have decided to strike or to boycott the Courts or even boycott any particular Court...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Advocate's strike - In case Court is satisfied that the ex parte order, passed due to the absence of the Advocate pursuant to any strike call, could be set aside on terms the Court can as well permit the party to realise the costs from the Advocate concerned without driving such party to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Advocate's strike - Advocate is answerable for the consequence suffered by the party if the non-appearance was solely on the ground of a strike call - It is unjust and inequitable to cause the party alone to suffer for the self imposed dereliction of his Advocate...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Advocate's strike - Non appearance of Advocate - Costs when imposed to set aside the exparte decree - Court has power to permit the party to realise the costs from the Advocate concerned - Such direction can only be passed after affording an opportunity to the Advocate...........
