Civil Procedure Code, 1908, Order 26, Rule 9 -- Possession - Question is to be determined by the Court - Such a question cannot be left on the Local Commissioner - Question determined on the basis of report of Local Commissioner not proper - Reliance cannot be placed on the report of Local Commissioner for that purpose...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside -Court keeping the application pending for more than one year and dismissing it - Deprecated...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Suit pending for cross examination of P.W.1 - Defendant's counsel not present - Arguments heard - Suit decreed - Defendant not yet opened his case - Order passed therefore has to be treated as an ex parte order, though wrongly disposed of on merits - Application U.O.9.R.13 is..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 28 -- Petition for restitution of conjugal rights - Exparte order passed - Application to set aside exparte order - Application is maintainable - Section 28 of Hindu Marriage Act providing for an appeal is not a bar to file such an application...........
Civil Procedure Code, 1908, Order 26, Rule 9, 18 -- Local Commissioner - Appointed exparte - Rule 18 not complied with - Commissioner not examined - Much reliance cannot be placed on Commissioner's report...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Possession - Not a matter which the Commissioner can decide - It is for the Court to decide...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for permanent injunction - Both parties claiming to be in possession - Matter to be decided on basis of evidence adduced by parties - This function cannot be delegated to a Commissioner to find out who is in possession...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree -Selling aside -Mere production of illness certificate - Not sufficient - Defendant must allege and satisfy Court about his illness...........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Husband filed petition u/s 9 Hindu Marriage Act - Ad interim injunction restraining wife from remarrying - Injunction cannot be granted - In a matrimonial proceeding not being a proceeding of the nature specified in clauses (a), (b) or (c) of Rule 1 or in sub-rule (1) of Rule 2 of O.39,..........
Civil Procedure Code, 1908, Order 9, Rule 9, 13 -- Restoration of restoration application - In support a medical certificate issued by a private doctor produced - Doctor not examined - To set aside exparte decree no evidence led inspite of many opportunities - Applicant even himself did not appear as a witness -Applicant did not summon any witness through Court nor did he..........
