Civil Procedure Code, 1908, Order 43, Rule 1(d), Civil Procedure Code, 1908, Order 9, Rule 13 -- Application U.O.9.R.13 - Appeal is contemplated only when application is rejected and not when application is allowed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Application U.O.9.R.13 - Condonation of delay - Lack of actual knowledge - Constitute the sufficient case for condoning the delay - Revisional Court should not disturb the findings of the Courts below more so where the substantial justice has been done...........
Civil Procedure Code, 1908, Section 12, Order 23, Rule 1(4), Civil Procedure Code, 1908, Order 9, Rule 9 -- Withdrawal of suit without permission of Court - Precluded from instituting a fresh suit in respect of same cause of action - Plea of bar U.O.23.R.1(4) being a pure question of law affecting jurisdiction of Court, can be raised at any stage of suit or appeal unlike..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9(2), Limitation Act, 1963, Section 5, Article 120 -- Death of sole defendant - L.R's to be impleaded within 90 days - Suit abates if L.R's are not impleaded within time - Limitation for setting aside abatement is 60 days from date of abatement - If application for setting aside abatement is made after 150 days from date of..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Suit for eviction - One of the joint tenants not joined as defendant in the suit - Joining of all joint tenants is not necessary - Suit is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Defendant refused to accept summons - Process server affixed duplicate on the door of house of defendant and filed sworn statement to that effect - On failure to attend Court defendant proceeded ex parte - Petition to set aside ex parte order filed after about eight years - Defendant failed to appear in Court for such long..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Suit for declaration of title and injunction - Seventh defendant owning land in another Survey number filing application for appointment of Commissioner to fix the boundaries of his land and suit land - Dismissal of application on technical ground that it was not pressed for four years till the stage of arguments - Not proper..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Commissioner at earlier stage of suit even before issues are framed or evidence is led - Can be appointed to note the physical features on the land before the said features are obliterated by lapse of time or by defendants' action, to arrive at the truth...........
Civil Procedure Code, 1908, Section 9 -- Trespasser - To dispossess a trespasser remedy is by way of civil suit...........
Arbitration and Conciliation Act, 1996, Section 9, Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Application U.O.11.Rr.12, 14 CPC - Such application is not maintainable in the proceedings under Section 9 of Arbitration and Conciliation Act...........
