Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Partition suit - Plaintiffs have assigned a reasonable cause that due to having talks of compromise between parties and being out of city, they could not appear for their evidence - Application for restoration was well within limitation from date of having knowledge of dismissal of..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Dismissal of application U.O.26.R.9 CPC not on merit but taking a pedantic view - Court has exercised its jurisdiction illegally and with material irregularity - Revision lies against such order in view of S.115 CPC (As in U.P.)...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Encroachment - No agreed map between parties - Order allowing application, upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Power U.O.26.R.9 CPC to appoint commissioner is discretionary - If discretion has been exercised by Court, it cannot be said that Court has committed error of jurisdiction by allowing application O.26.R.9 CPC...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants raised the ground that summons of suit were served on defendant no.2 who is mentally retarded and could not intimate regarding service of notice of suit upon defendants - However, defendants failed to produce a single document so as to show and suggest that defendant..........
Civil Procedure Code, 1908, Section 2(9) -- Judgment - Not to be read as statue...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Purpose of filing rejoinder is to place on record the facts to controvert new facts which are given in written statement...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Defendants filed written statement and some additional pleas were taken by them - It was thus, necessary for plaintiffs to file rejoinder to controvert said pleadings which were taken in written statement - Scope of O.8.R.9 CPC not considered by trial Court while rejecting application for rejoinder - Impugned order..........
Civil Procedure Code, 1908, Section 115, Order 9, Rule 13, Constitution of India, 1950, Article 227 -- Ex parte decree - Remedy of appeal thereagainst is available - High Court ought not to have entertained revision application u/s 115 CPC and u/art 227 of Constitution...........
Civil Procedure Code, 1908, Order 9, Rule 13, Constitution of India, 1950, Article 227 -- Ex parte decree - Setting aside - High Court while setting aside ex parte decree commented upon legality and validity of judgment and decree passed by trial Court - Before considering judgment and decree on merits and/or expressing anything on merits on legality and validity of..........
