Civil Procedure Code, 1908, Section 9 -- Court having no jurisdiction - One the Court finds that it has no jurisdiction to entertain the suit, it cannot embark upon any other question involved in the suit - Decision on any other issue thereafter is not permissible and beyond jurisdiction...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit dismissed for default -Restoration - An application U.O.9.R.9 is to be filed - For setting aside order of dismissal separate suit is not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13, 6(c) -- Summons served on 28.5.1990 for appearance on 29.5.1990 - There was no sufficient time to reach Court for appearance - Hearing of suit was adjourned but no communication sent to appellant - Held, the summons was not duty served - Limitation began to run only when the appellant had knowledge of the exparte decree -..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Exparte decree - There is no bar to simultaneously challenge an ex parte decree by filing application U.O.9.R.13 as well as by way of appeal - Sufficient cause for non appearance is to be shown for setting aside exparte decree but in appeal the decree on merits will have to be challenged - However, if either of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Restoration application - Sufficient cause not made out for recalling order - Application dismissed - Revision against - Held, there is neither procedural error nor legal or jurisdictional error - Revision dismissed...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Exparte ejectment order -Petitioner not to be dispossessed in execution of exparte decree till final decision on application under order 9 rule 13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Provision of O.9.R.9 is usually interpreted liberally so that opportunity be given to the parties to contest the case on merits...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit dismissed for non prosecution - Petition filed after 25 days of the dismissal of the suit - Petitioner cannot be non suited only on the ground that the application was not filed on the next day of the dismissal of suit or immediately thereafter...........
Hindu Marriage Act, 1955, Section 9, 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Petition for restitution of conjugal rights - By amendment of plaint additional relief of divorce sought - Amendment declined - There is no illegality in claiming alternative relief - Order refusing amendment erroneous - Amendment allowed...........
Civil Procedure Code, 1908, Order 9, Rule 3 -- Restoration of suit dismissed for default - It is not necessary to produce copy of the decree along with application for setting aside order of dismissal as no decree is contemplated to be drawn up in case of dismissal of suit for non appearance of plaintiff...........
