Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficiency of Court fee - Recovery suit - Deficiency to the tune of Rs.40 was pointed out for which an opportunity was required to be given to plaintiff for making good the same, before rejecting plaint - Moreover, impugned order passed in the absence of plaintiff for which he pleaded that his no,..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex-parte decree - Setting aside - Summons not served - Publication of notice in newspaper - Defendant on account of militancy shifted from Srinagar to Jammu - In these circumstances, even if he had some vague knowledge that summons were sent to his address at Srinagar, it cannot..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Mere fact that ex parte decree has been executed does not disentitle the defendant from applying U.O.9.R.13 CPC to get the same set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Effect of - Court wrongly proceeded ex parte against defendant, as she was not served - Ex parte decree when set aside, would cease to exist and become no, est and it is no decree in the eyes of law - Decree passed by trial Court afresh on merits should be treated as decree of first Court...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Effect of - Parties are restored to the position existing prior to the date the order proceeding against defendant ex parte was passed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Pre-emption Act, 1913, Section 15 -- Ex parte decree - Setting aside - Suit for possession on the basis of right of pre-emption granted to a co-sharer - Plaintiff's right of pre-emption stood extinguished by virtue of amendment to the Act, at the date when fresh decree by Court of first instance after setting aside ex..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Limitation - It is for executing Court to decide whether restitution petition is within limitation or not - It is only the Court which passed the original decree, which can order restitution - Restitution cannot be granted by Supreme Court...........
Civil Procedure Code, 1908, Order 16, Rule 6, 7 -- Summoning of Sub-Registrar along with record containing true extract of registered gift settlement deed - Certified copy of document in question already marked in evidence and same was certified to be true copy by none other than registration authorities themselves - That being so, asking Sub-Registrar to produce original..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within 90 days - Defence struck off - Non-speaking and cryptic order passed by trial Court while striking off defence of defendant, as trial Court did not even record as to how much time was utilized by defendant beyond 90 days and why he could not file written statement without any justified..........
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Consolidation of Holdings Act, 1953, Section 49 -- Consolidation proceedings - Jurisdiction of civil Court - Suit for declaration - Maintainability - Is not maintainable as S.49 of the Act bars jurisdiction of civil Court to adjudicate upon dispute of rights and title relating to land included in consolidation..........
