Civil Procedure Code, 1908, Order 33, Rule 9 -- `Sufficient means' - Means should be sufficient to pay Court fee, after meeting the basic requirements of life - Total destitution is not a pre-requisite to seek the benefit...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- No progress in case since order to proceed ex parte - Defendants allowed to file written statement and participate in proceedings...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - 'No instructions' pleaded by counsel of defendant - Engagement of counsel does not though mitigate duty of defendant to be vigilant yet on liberal view of matter being taken, ex parte decree set aside subject to deposit of Rs.15, 000/- in Court - Court to deposit the amount in Bank - Deposit..........
Civil Procedure Code, 1908, Order 21, Rule 90, Civil Procedure Code, 1908, Order 43, Rule 1(j), Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal in default of application U.O.21.R.90 - Appeal against - Applicant cannot file an appeal since, a dismissal in default is not a decree...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Leave to file replication can be granted even on an oral request...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - New plea or a plea inconsistent to the pleas already taken cannot be allowed to be raised in replication...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication cannot be allowed to be filed as a matter of right - Court can grant leave after applying its mind on the pleas taken in the plaint and the written statement...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Delay - Condonation - Application to condone delay should be decided first - Court has no jurisdiction to go into the merits of the application U.O.9.R.13 without disposing of the application u/s 5 of the Limitation Act - Dismissal of applications for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - When defendant approaches the Court immediately and within the statutory period the discretion is normally exercised in his favour, provided the absence was not mala fide or intentional - For the absence of a party in the case the other side can be compensated by adequate costs and the lis..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- 'Was prevented by any sufficient cause from appearing' - Must be liberally construed to enable the Court to do complete justice between the parties particularly when no negligence or inaction is imputable to erring party...........
