Civil Procedure Code, 1908, Order 9, Rule 7 -- Exparte order - Setting aside - Defendant had knowledge of date of hearing and also sufficient time to appear - Mere irregularity in service of summons not a valid and sufficient ground for setting aside order to proceed exparte...........
Civil Procedure Code, 1908, Section 9 -- Sale deed - Suit for cancellation - Relief for possession of agricultural land and injunction also claimed - Main relief being cancellation of sale deed - Plea of limitation liable to be decided on evidence - Held, suit before civil Court is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Setting aside exparte proceedings - Applicant old man of 85 years - On the date fixed in the case applicant was sick and even medical certificate has been appended - Applicant could not inform his counsel and thus the costs even were not paid on the date fixed - Keeping in view these factors past conduct does not assume much..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Setting aside of ex parte proceedings - Ordinarily if there are reasons beyond control and application submitted subsequently - Past conduct does not assume much importance - On the date of hearing, defendant was sick (medical certificate appended), could not appear in Court nor inform his counsel and thus costs even were not..........
Civil Procedure Code, 1908, Order 22, Rule 10-A, 9, 4 -- Death of defendant - Reported to Court by counsel - Counsel for plaintiff present - Application for setting aside abatement and substitution of L.R's sought after delay of 20 days - Plaintiff claiming to have got knowledge of death only days ago - Nothing on record to show giving of information of death by Court to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Laches and negligence of Counsel of defendant - Defendant always in contact with his counsel - Due to inaction on the part of the Counsel the defendants had to suffer with the ex parte decree - Setting aside of ex parte decree is justified and needs no interference...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Cannot be appointed to report as to which of the party is in possession of the house in dispute because it would amount to delegate the power of Court to determine the real issue in the case...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Order refusing to appoint Local Commissioner - Not revisable - Division Bench judgment in Smt. Harvinder Kaur's case 1979 PLJ 562 Followed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner, appointment of - Plaintiff has shown whole of house in dispute as his ownership whereas defendant has shown about half portion of house as his own and remaining half that of plaintiff - Local Commissioner cannot be appointed to report as to which of the party is in possession of the house in dispute -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- No application for setting aside exparte decree can lie where the defendant has filed an appeal and the appeal has been disposed of on any ground other than the one on the basis of which appeal has been withdrawn by the appellant...........
