Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Merely on account of the fact that husband did not produce any oral evidence to support his application U.O.9.R.13 r/w S.151 CPC would not be the only ground to non-suit him, more so when facts of case are conspicuous to infer that..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Manifest and explicit difference in writing as well as use of pens while mentioning endorsement of `receiving summons and copy of petition' as well as in writing and pen used for signatures allegedly shown to be of husband - When..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - To decide the title dispute involved in the case, there is no need for appointment of an Advocate Commissioner to measure suit property - In other words, appointment of Advocate Commissioner is not necessary to find answers to questions involved in the case - Application rightly..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Trial Court ought to have examined contentions raised in counter affidavit filed on behalf of plaintiffs and proceeded with affording reasonable opportunity to defendants - Order allowing application U.O.9.R.13 CPC set aside - Matter remanded back to trial Court...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - Re-appointment - To discredit the demarcation report, fresh appointment of a Local Commissioner is not required as permitting repeated re-appointments would lead to a never-ending process with each party seeking afresh demarcation whenever an adverse report is received...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - Re-appointment - Issue as to whether Local Commissioner's report is in accordance with law and can be relied upon or not - Proper course available to petitioner is to file objections to report of Local Commissioner rather than seek re-appointment of revenue authorities for conducting a fresh..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration that plaintiffs are owners in possession of land and any change in revenue record by consolidation officer vide mutation on the basis of tenancy is illegal and null and void and not binding upon plaintiff - Consolidation Officer had jurisdiction to order correction in revenue..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit for declaration that sale deed is null and void and recovery of possession - To decide validity of sale deed and to decide title of plaintiff, physical features of property need not be noted down - Further, Advocate Commissioner is not entitled to give any finding with regard to..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 9, Rule 4 -- Application U.O.9.R.13 CPC - Dismissal in default - Appeal thereagainst not maintainable - Proper remedy available is to file an application U.O.9.R.4 CPC for restoration of application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Provisions relating to setting aside of an ex-parte order are to be construed liberally so as to advance cause of justice and afford an opportunity to parties to contest the matter on merits, rather than deciding the same ex-parte...........
