Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Application U.O.9.R.13 - There is no provision in the Code for dismissal of such application for non appearance - Order dismissing the application must be treated to be one u/s 151 CPC and when restoration of such application is sought it can be allowed under S.151 CPC...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Application U.O.9.R.13 - Dismissed for default - Restoration of such an application can be ordered u/s 151 CPC...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, 10-A, Limitation Act, 1963, Section 5 -- Death of party - It is duty of counsel to inform Court - Dereliction of duty on part of counsel for defendant to inform Court about death of defendant - Delay in filing application U.O.22.Rr.4, 9 - Delay condoned - Abatement set aside and legal representatives brought on record...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Limitation - In cases where summons are served the period of limitation starts from the date of decree and knowledge of party is immaterial...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Applicant must satisfy the Court that summons were not duly served or he was prevented by any special cause from appearing when the suit was called for hearing - Mere production of medical certificate - Not sufficient to prove illness...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Application for setting aside exparte decree and condonation of delay - Both the applications can be decided together...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Service of summons - Petitioner informed about the pendency of suit - That does not absolve the Court of performing its duties...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ser-vice by publication in newspaper-Resort to provisions of Order 5 Rule 20 not warranted-Case not of irregularity alone but illegality as well-Benefit cannot be had of Proviso to Order 9 Rule 13...........
Civil Procedure Code, 1908, Section 115, Order 5, Rule 20, Civil Procedure Code, 1908, Order 9, Rule 13 -- Zimini orders show that summons in the first instance not issued as plaintiff failed, file copies of plaint, on next date Ahlmad of Court not issued summons, thereafter Court noted that neither process fee nor correct addresses of defendants filed by plaintiff, on..........
Punjab Security of Land Tenures Act, Section 9 -- Tenant inducted by vendee of pre-emptible property-Sale successfully pre-empted-Tenant not liable to be dispossessed in execution of pre-emption decree-Covered under definition of tenant in Section 4(5) Punjab Tenancy Act-Section 9 specifically bars ejectment of a tenant except under certain conditions-Tenant cannot be..........
