Civil Procedure Code, 1908, Order 26, Rule 9 -- Report of Commissioner - A site commissioner's report cannot be treated as a document establishing title of a litigant in the property...........
Civil Procedure Code, 1908, Section 9, Kerala Land Conservancy Act, 1957, Section 20 -- Civil suit - Jurisdiction of Civil Court - Bar under Act of 1957 - For bar to apply the civil suit instituted would have to be against an order passed by the competent authority under this Act in respect of unauthorised occupation of Government land...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit for partition - Dismissed in default - Subsequent suit - Cause of action in a suit for partition is recurring one - Bar of O.9.R.9 or O.22.R.9 CPC is not applicable to subsequent suit for partition...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - A replication is not a part of pleadings unless Court grants leave to present it, subject to such terms as it considers fit...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for cancellation of sale deed - Earlier suit for cancellation of sale deed before revenue Court was dismissed being not maintainable - Present suit before civil Court seeking relief for cancellation of sale deed is within jurisdiction of civil Court...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Relief of grant of land/compensation qua acquired land can be adjudicated, decided and determined by Land Acquisition Officer in terms of Land Acquisition Act only - Civil Court has no jurisdiction over such relief...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - There is no bar in law to appoint a commissioner for better adjudication of dispute - Hence, a commissioner may be appointed even prior to trial, if required...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 401 days - Defendant was aged about 73 years and suffered from jaundice - Reasoning put forth by defendant is within contour of definition "sufficient cause" - However, due to delay, plaintiffs would have definitely suffered..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit for declaration and permanent injunction - Both the parties claim title over suit property - In case of title over suit property, parties should prove their case by themselves by letting legally acceptable evidence - Considering nature of relief sought in the suit and rival claim..........
Civil Procedure Code, 1908, Order 9, Civil Procedure Code, 1908, Order 22 -- Restoration of suit - Provisions of O.22 CPC are applicable to proceedings U.O.9 CPC for restoration of suit...........
