Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed for default - Counsel noted wrong date - Suit restored subject to payment of costs...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 16 -- Exparte decree - Setting aside - Service of summons duly proved by process-server as also by comparison by Court of defendant's signature on summons with his signatures on other documents - Defendant denying his signatures on summons - Hand-writing expert not examined to prove..........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 17 -- Defendant proceeded exparte - Defendant neither becomes non-existent party nor ceases to be a party in the suit - He cannot be stopped from participating in the future proceedings - he can file application U.O.6.R.17 CPC even after the order for proceeding exparte became final -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution - Stay during pendency of decision of application U.O.9.R.13 - Application for stay of execution dismissed - High Court stayed execution and directed trial Court to dispose of the application of petitioner to set aside ex parte decree within 3 months...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner - Issue whether the premises in dispute are in a dilapidated condition or not - Trial Court found it necessary to appoint an Engineer as Local Commissioner as the point involved could not be adjudicated upon without assistance of a technical man - It is for the trial Court to decide as to whether the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- 'No instructions' - On pleading of counsel defendant proceeded exparte - Court did not issue any notice to defendant who was not present when his counsel reported no instructions - Defendant was neither careless nor negligent in defending suit - Held, trial Court in the interest of justice should have allowed the application..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Petition u/s 12 Hindu Marriage Act - Exparte decree granted - Application to set aside exparte decree - Application is maintainable...........
Civil Procedure Code, Section 9 -- Jurisdiction when specifically conferred on a Tribunal and law gives finality to its judgments and orders - Civil Court jurisdiction is excluded...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application allowed subject to the condition of depositing half of the suit amount - The term to be imposed has been with reference to only costs and not the suit amount - The order set aside - As the matter still remains to be decided whether the ex parte decree can be set aside under the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Only costs can be imposed while setting aside ex parte decree - No other condition can be imposed - Imposing of condition to deposit decretal amount or any part of it - Not legal...........
