Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Suit was not fixed for actual hearing - After passing of order proceeding ex parte plaintiff was directed to file affidavit by way of evidence - No such affidavit was filed - Defendants cannot be prevented from participating in the proceedings from that stage - Would be entitled to..........
Civil Procedure code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Ground of petitioner that she was not residing in village and notice could not be deemed to have been served on her - Evidence of process server and a witness that petitioner refused to sign on notice - Service was effected by way of Gazette publication also - Held, petitioner was rightly set..........
Civil Procedure Code, 1908, Section 9 -- Suit for declaration that plaintiff belongs to a Scheduled Tribe - Held, jurisdiction of Civil Court to take cognizance and give a declaration that plaintiff belongs to a `Scheduled Tribe' stands prohibited by necessary implication...........
Civil Procedure Code, 1908, Order 17, Rule 2, 3, Civil Procedure Code, 1908, Order 9, Rule 13 -- Defendant remaining absent and for him no evidence recorded - Suit decreed on basis of plaintiff's evidence only - Provisions of Rule 2 and not of Rule 3 of O.17 apply - Decree to be treated as ex parte decree and not decree on merits - Application U.O.9.R.13 for setting aside..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Appellate Court giving opportunity to lead evidence as to title - Held, defendant has a right to file additional written statement denying title of plaintiff...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary party - owner of the land is not a necessary party to the suit so long as none of the parties shave claimed any right specifically against the owner...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 7, Rule 10 -- Written statement not filed - Defence of defendant struck off - Case fixed for exparte evidence - Cause shown by the defendant for not filing the written statement was just, proper and good cause - In the interest of justice opportunity ought to have been granted to file the..........
Civil Procedure Code, 1908, Order 5, Rule 17, Civil Procedure Code, 1908, Order 9, Rule 13 -- Second Proviso - Service of summons - Report of process server that defendant had gone out and he tried to serve the summon on the wife of the defendant who refused and hence he affixed the summons on the outer door of the house in the presence of two witnesses - Process server..........
Civil Procedure Code, 1908, Order 37, Rule 4, Civil Procedure Code, 1908, Order 9, Rule 13 -- Scope - Both the provisions not synonymous - Under O.37.R.4 applicant has to sow 'special circumstances' preventing him from entering appearance within stipulated period - In case of O.9.R.13 applicant has to satisfy the Court about 'sufficient cause' preventing him from appearing..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Arbitration award - Objections - Dismissed ex parte - Held, provisions of O.9.R.13 is applicable...........
