Civil Procedure Code, 1908, Order 9, Rule 9, 8 -- Suit for injunction - Seeking of an injunction is a continuous cause - If similar threat comes subsequently, in that event subsequent suit will not be barred...........
Civil Procedure Code, 1908, Order 9, Rule 9, 8 -- Mandatory - If there is a continuous cause of action - Second suit would not be barred - Seeking injunction is a continuous cause - Second suit for injunction not barred if similar threat conies subsequently...........
Civil Procedure Code, 1908, Order 9, Rule 9, 8 -- Suit for declaration to be owner in possession and injunction restraining defendant from dispossessing or interfering in possession and by amendment challenge to sale - deed in favour of defendant - Dismissal of earlier suit in default under Order 9 Rule 8 - New cause of action will not be made out merely because a new..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- `Duly served' - Held, due service means service of summons along with the plaint...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 2 -- Exparte decree - Setting aside - Service of summons without copy of plaint - Summons cannot be held to be duly served - Limitation starts from date of knowledge of exparte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 2 - - Setting aside of ex parte decree because not duly served in the suit - Service of summons on defendant without copy of plaint - No summons can be regarded to have been duly served - Due service means service of summons along with the plaint - Second Proviso to Rule 13 of Order 9..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Purported signature of tenant in English on notice - Tenant does not know how to put signature in English - Fraud committed to obtain ex parte decree - Exparte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Suit fixed for plaintiff's evidence - Plaintiff and his Advocate absent - Defendant's Advocate present - Suit dismissed U.O.9.R.9 - Fresh suit based on same cause of action and seeking same relief is not tenable in view of provisions of O.9.R.9 CPC...........
Civil Procedure Code, 1908, Section 148, Order 7, Rule 11, Civil Procedure Code, 1908, Order 9, Rule 4, 8, 9 -- Deficient Court fee - Deficiency not made good inspite of repeated extension of time - Plaint rejected U.O.7.R.11 - Both parties absent when plaint rejected - Suit not dismissed in default in situations contemplated U.O.9.Rr.2 & 3 - Hence, O.9.R.4 is not..........
Civil Procedure Code, 1908, Section 9 -- Orders of partition passed by Revenue Officers under Punjab Land Revenue Act challenged on the ground that State being a necessary party as some of the land declared surplus in the hands of co-sharers, the State having not been impleaded in partition proceedings and in its absence orders liable to be set aside - Partition would be..........
