Civil Procedure Code, 1908, Order 9, Rule 13 -- Previous negligence - If sufficient cause for non appearance is made out defendant cannot be penalised for his previous negligence which had been overlooked and thereby condoned earlier...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Medical certificate from a private doctor - Cannot be made a basis for rejecting claim of being sick...........
Consumer Protection Act, 1986, Civil Procedure Code, 1908, Order 9, Rule 9(1) -- CPC - Applicability to proceedings under the Act - CPC is applicable to the proceedings under the Consumer Protection Act only to a limited extent - Order 9.R.9(1) is not applicable to the proceedings under the Act...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Limitation - Starts to run from date of knowledge of exparte decree only when summons or notice is not duly served and in all other cases limitation commences from date of decree...........
Civil Procedure Code, 1908, Section 9 -- Octroi - Cement unloaded at railway station and then taken outside the municipal limits - No sale point within the municipal limits - Octroi whether imposable or not - Very jurisdiction of Municipal Committee is in question - Held, civil Court has jurisdiction...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Commissioners report - Evidentiary value - No reliance can be placed on it to decide rights of parties - Commissioner cannot decide the rights of the parties, except noting the physical features for which purpose, he was appointed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 19-A -- Exparte decree - Setting aside - Service by registered post - A.D. not received within 30 days - Defendant proceeded exparte declaring deemed service of summons - No evidence on record to show that defendant resided at the address given by the plaintiff - In absence of any..........
Civil Procedure Code, 1908, Order 9, Rule 5 -- Service of summons - Failure to take steps - Dismissal of suit - Fresh suit subject to law of limitation can be filed - Exercise of inherent jurisdiction of Court to set aside order of dismissal of suit is impliedly prohibited...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- No instructions pleaded by Counsel - Notice not given to party - Exparte decree passed - Held, Court committed a patent illegality when the notice to the defendant was not given - Exparte decree set aside. 1996(2) Civil Court Cases 646 (P&H) distinguished...........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 13 -- Res judicata - Rejection of an application filed U.O.9.R.13 does not bar a suit to set aside the decree as fraudulent...........
