Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Wife had been duly served with summons in divorce petition - There is no irregularity in service of summons - Wife had handed over the copy of divorce petition to her advocate which leads to conclusion that she had notice of date of hearing and had sufficient time to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - At the appellate stage - When plaintiff himself is not certain as to which document/record will be in aid to Advocate Commissioner to conduct survey of suit property and when he had not explained the reasons for not seeking appointment of an Advocate Commissioner before trial Court,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Not to be appointed to help the parties in collecting evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment of Local Commissioner to prepare a report about existing status of premises which has been leased out and his report would facilitate Court in adjudication of the matter - Order appointing Local Commissioner, upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Can be appointed before evidence stage...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - In an earlier suit between the parties, `N' Local Commissioner was appointed - Opposite counsel having no objection in appointment of `N' - `N' appointed as the Local Commissioner...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Appellants not appeared before trial Court even after service through Registered AD - Registered AD notice was personally sent to appellant no.1 which was personally served on him - Registered notice sent to appellant No.2 bears the signature of one `S' but no document submitted that `S' as..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of second Commissioner - Report of First Commissioner is on record - Application for appointing second commissioner without setting aside report of First Commissioner is not maintainable - Application dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Court is required to see conduct of party even while deciding an application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Defendant refused to accept the summons - Summons were affixed on the premises where defendant was residing - There is thus, valid service of summons upon defendant - Application U.O.9.R.13 CPC rightly dismissed...........
