Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - It is not necessary for a person to first apply U.O.9.R.13 CPC for setting aside ex parte decree - He has both options either to file an appeal or review or an application for setting aside ex-parte decree - It is open to defendant who filed an appeal against ex-parte decree u/s 96(2) CPC to..........
Civil Procedure Code, 1908, Section 105, Order 9, Rule 4 -- Ex parte order - Setting aside - In case of filing an appeal against ex parte order, appellant can also challenge the other interlocutory orders passed during pendency of trial of suit...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Mere fact that defendant absented himself on the date of hearing and suit proceeded ex parte does not by itself entitle plaintiff to get a decree in his favour - Court has to see whether by any evidence available on record plaintiff has been able to prove his case or not - Even in ex parte..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 4 -- Ex parte order - Setting aside - Court proceeded ex-parte against defendants and in all attempt by defendants to file written statement alongwith application was disallowed by trial court and defendants were also prevented from even cross examining the witnesses - Application to set aside ex parte order was also..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of transferee pendente lite - Impleadment sought as plaintiff being bona fide purchaser - Transferee pendente lite is a necessary and proper party and should be impleaded - Order allowing impleadment, upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Both parties claiming to be owner in possession of suit property - Ownership and possession a disputed question of fact - Question of fact can only be decided after parties lead their evidence - Order of status quo, upheld...........
Prevention of Food Adulteration Act, 1954, Section 7, 16, Criminal Procedure Code, 1973, Section 433 -- Adulteration of milk - Commutation of sentence - Incident took place more than 18 years back - Petitioner did suffer mental agony which is more than conviction - Petitioner is not a habitual offender - Sentence of 6 months S.I commuted to fine of Rs.6000/- - Order..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - CBI did not arrest the accused during course of investigation at any stage - Accused himself surrendered, after submission of final police report - Complainant neither filed any private complaint against accused nor complained to higher authorities against the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - No evidence as to why wife is living separately - Dismissal of application - Held, Court should have specifically asked wife by putting specific query as to why and under what circumstances she was living with her parents - Impugned judgment and order set aside - Matter remanded to proceed afresh...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Pre-trial amendments be allowed liberally than those which are sought after commencement of trial - In instant case, trial of suit had already commenced - Proposed amendment could not be said to be not in the knowledge of defendant - Rejection of application - Order upheld...........
