Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration and delay condonation application - Both the applications can be heard simultaneously but restoration application cannot be allowed without delay being condoned...........
Civil Procedure Code, 1908, Order 9, Civil Procedure Code, 1908, Order 17 -- Dismissal of suit for non production of plaintiff when suit was at the stage of plaintiff's evidence - Evidence of plaint as well as defendant closed and suit dismissed on the same day despite the fact that burden to prove issues No.1 to 5 was on the defendants - Even without hearing counsel for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Until and unless ex parte decree is set aside by a competent Court of jurisdiction in an appropriate proceeding, first appellate Court should not have disturbed or interfered with valuable rights of appellant which stood crystallized by ex parte decree without opening of whole case for..........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Dismissal in default - Suit can be dismissed in default when plaintiff is not ready to serve the purpose or has not taken steps to serve the purpose for which case is posted, though plaintiff or his counsel is physically present - When plaintiff is present, but not ready or willing to give evidence on the date on which case is..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Application cannot be allowed by relying upon contents of application which is supported by affidavit when same is belied by documents placed on record - Moreover grant of costs is not panacea in such a case - Impugned order setting aside ex parte order, set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - When defendant dies after passing of ex parte decree against him, his legal representatives can apply U.O.9.R.13 CPC to set aside the ex parte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Death of original defendant after ex parte decree - LRs of deceased defendant were brought on record - However, original defendant was not prevented by sufficient cause from appearing on the date of hearing and was negligent right from the initial stage of case - Summons were also duly served..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Bar U.O.9.R.9 CPC - Not applicable when earlier suit and subsequent suit are for partition, as suit for partition only brings severance of status and cause of action continues till there is actual partition...........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Delay condonation and restoration application - Can be decided simultaneously - However, in the event of an order being passed on delay condonation and restoration application, main matter on merits should not be decided on the same date so as to enable the party aggrieved to challenge the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of possession - Setting aside - Provisions of O.9.R.13 of CPC to be widely construed to give discretion to the court to take into consideration the attending facts and circumstances while dealing with an application under the aforesaid provision of law - Defendant holding suit premises since long at paltry..........
