Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit dismissed for default - Restoration - Court, after recording positive finding that applicant had shown sufficient cause for non - appearance, cannot refuse to restore plaint and direct applicant to initiate fresh proceeding...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Delay - If the period of limitation expires each day's delay has to be explained - When a litigant is negligent and is not bothered about his rights, for such a litigant the law cannot come to the rescue because law always helps vigilant litigant...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - No due service - Proceeded exparte - Decree passed - The interim order proceeding exparte had merged into the decree - Order could be set aside within statutory limitation...........
Civil Procedure Code, 1908, Section 9 -- Civil Court's jurisdiction - Exclusion of, cannot be readily inferred on ground of availability of remedy and forum under a special Act, when the action in question is taken without complying with provisions of that Act...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Limitation - In reply to petition filed by wife under S.125 Cr.P.C. husband disclosed about filing a petition under S.9 of Hindu Marriage Act - Held, when reply is filed and its copy is given to the opposite party normally reply is not read on that very date - It is considered only on the..........
Civil Procedure Code, 1908, Order 41, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 3, Rule 4 -- Appeal - Dismissed as withdrawn by counsel for appellant - Challenged on the ground that petitioner has not authorised the counsel to withdraw appeal and the Court had no power to dismiss it except to decide it on merits - Held, counsel..........
Civil Procedure Code, 1908, Order 22, Rule 9, 10-A -- Impleading of L.R's - Delay - Condonation - Appellant an illiterate farmer - His counsel should have advised him to take necessary steps - Due to failure to render such advice, delay occasioned - Delay condoned...........
Civil Procedure Code, 1908, Order 22, Rule 9, 10-A -- Impleading of L.R's - Delay - Condonation - Appellant an illiterate farmer - His counsel should have advised him to take necessary steps - Due to failure to render such advice, delay occa-sioned - Delay condoned...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(1)(b), Civil Procedure Code, 1908, Section 9 -- Bar of Civil Court jurisdiction - Suit in Civil Court for declaration by heirs of original landowner that declaration of lands as surplus in 1960 under Pepsu Tenancy and Agricultural Lands Act not complete because surplus land had not been utilised and as such no..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application filed on 8.1.1993 - Inspection of record done on 12.1.1993 - This fact alone is not sufficient for dismissal of the application...........
