Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Suit dismissed in default in absence of both parties - Court can restore such suit without issuing notice to the opposite side if sufficient cause is shown - Plaintiff pleaded noting of wrong date as he was hard of hearing, need not be proved by medical records - Suit restored...........
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 9, Rule 13, Evidence Act, 1872, Section 102, 4, 114 - - Ex parte decree - Setting aside - Service of summons - Presumption - Burden lies upon plaintiff to prove the report of process server was correct - On the denial of service by defendant, presumption raised under the Act on the basis of expression `may presume' stood rebutted and..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Once there is specific allegation regarding fraud, misrepresentation, coercion as well as pressure and getting the signatures on blank paper then Court has rightly allowed the application of defendants and allowed to appear and contest the suit by filing the written statement - So far as the..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed in default - Non appearance of Advocate due to strike by Bar - Held, strike by Bar is not itself a sufficient ground for restoration of suit dismissed in default, nevertheless law is equally well settled that a party cannot be made to suffer due to fault of his Advocate - Suit restored to its..........
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 4 -- Jurisdiction - Suit for declaration - Jurisdiction of civil court is barred for land acquisition proceeding - However, in instant case, no notice of land acquisition was given to respondent No.2, therefore he is entitled to proceed with civil suit and since it was the matter of declaration of..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal in default - Restoration - Wrong noting of date by counsel - Affidavit of counsel is sufficient - Counsel is not expected to place on record the copy of his case diary or the photocopy of brief - Petition restored...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Suit dismissed for non compliance of order to pay deficiency in Court fee - Application filed after three months - Plea that application U.O.9.R.4 is not maintainable - Held, nomenclature is not decisive - Even though separate application for condonation of delay was not filed however in the restoration..........
