Civil Procedure Code, 1908, Order 17, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 13 -- Court proceeded U.O.17.R.2 CPC - In fact Court proceeds ex parte under O.9 CPC - Defendant gets a right to either file an application U.O.9.R.13 CPC or to file a regular first appeal - Held, application filed U.O.9.R.13 CPC is maintainable...........
Civil Procedure Code, 1908, Order 17, Rule 2, Civil Procedure Code, 1908, Section , Order 9, Rule 9 -- Disposal of suit - Applicability of O.17.R.2 CPC - Held, O.17.R.2 CPC applies to a case where entire evidence on one side is available and opposite party refuses to carry on with case, and when Court is empowered to pass a decision on merits - Said provision cannot be..........
Civil Procedure Code, 1908, Order 9, Rule 2, Motor Vehicles Act, 1988, Section 167 -- Petitioner suffered serious injuries in road accident - Claim petition filed by petitioner, dismissed in default by Tribunal on account of non-filing of process free - Restoration application filed belatedly without filing application for condonation of delay - Held, petitioner cannot be..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 6(1)(c), Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Limitation - Starting point - When summons is not accompanied with copy of plaint or when summons is served after date of appearance, then period to set aside..........
Civil Procedure Code, 1908, Order 9, Rule 2 -- Furnishing of copy of plaint for service of defendant - Provisions directory not mandatory - Dismissal of suit on account of non furnishing of copies of plaint, harsh action - Order set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Exparte decree - Setting aside - Defendant filed written statement and counter claim - Issues framed and plaintiff filed evidence affidavit - On subsequent date defendant and his counsel absent - Suit decreed - There was no order calling upon defendant to produce evidence - Decree..........
Civil Procedure Code, 1908, Order 9, Rule 2 -- Suit - Dismissal on account of failure to get service of summons - Defendant Corporation represented by Counsel who is directed to appear - Dismissal ordered on wrong assumption - Order of dismissal recalled...........
Civil Procedure Code, 1908, Order 9, Rule 8, 9, Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Non appearance of plaintiff on date fixed for hearing - Defendants not admitting case of plaintiff either wholly or in part - In such a situation, trial court has no option except to dismiss suit U.O.9.R.8 CPC - In case Court finds that party was not present because of some..........
Civil Procedure Code, 1908, Order 17, Rule 2, 3, Civil Procedure Code, 1908, Order 9, Rule 8 -- Suit - Dismissal for default - Both the parties present - Presence recorded also - Dismissal on the ground of rejection of application for adjournment - Not permitted to be dismissed for default - Course advisable for court - To decide the suit henceforth...........
Civil Procedure Code, 1908, Order 9, Rule 2 -- Failure to deposit Munadi fee and process fee on one date of hearing - Should not entail dismissal of suit...........
