Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 136 -- Execution - Limitation - Execution consigned during the pendency of application U.O.9.R.13 CPC - Revival of execution sought after dismissal of application U.O.9.R.13 CPC - Revival of execution will not amount to filing the new execution - Execution petition was filed within one year of..........
Civil Procedure Code, 1908, Section 9 -- Bar of jurisdiction of Civil Court - Tenant having dispossessed forcibly, filed suit for recovery of possession - Held, such suit is not barred by S.13-A of the Act - Civil court will have jurisdiction to entertain and decide the suit...........
Civil Procedure Code, 1908, Section 9, Chhattisgarh Land Revenue Code, 1959, Section 257, 170A -- (as amended by Amending Act 18 of 1984) - Occupancy rights - Determination - Jurisdiction of Civil Court - Claim that Bhumiswami right is created upon appellant's brother - Revenue Officer is empowered exclusively to determine and decide matter u/s 170A of 1959 Code -..........
Civil Procedure Code, 1908, Article 135, Order 21, Rule 1, Civil Procedure Code, 1908, Article 135, Order 9, Rule 13 -- Execution - Ex parte decree - Application filed U.O.9.R.13 CPC to set aside ex parte decree - D.H. restrained from proceeding with the execution during the pendency of the application U.O.9.R.13 CPC - Application U.O.9.R.13 CPC dismissed - Appeal arising..........
Civil Procedure Code, 1908, Section 9 -- Suit of civil nature - Jurisdiction of civil court - Held, jurisdiction of civil court to entertain and try a suit of a civil nature, excepting suits of which their cognizance is either expressly or impliedly barred, is guaranteed by Section 9 of the Code of Civil Procedure - A bar of the civil suit could be implied, if a special..........
Civil Procedure Code, 1908, Section 9 -- Answer papers of plaintiff - Negligence of University - Suit for compensation - Jurisdiction of civil court - Suit filed for compensation on the ground that University was negligent in dealing with the answer papers of the plaintiff - It is submitted that there is no provision in the Calicut University Act which provides for..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), 9 -- Impleading of a party - Plaintiff when seeks impleading a person as a defendant on the ground that he is a necessary party Court may implead him - If claim against such person is barred by limitation, it may refuse to add him as a party and even dismiss the suit for non joinder of a necessary party...........
Civil Procedure Code, 1908, Section 9 -- Service - Dismissal from service in absence of departmental enquiry as contemplated in Standing orders - Civil suit - Jurisdiction - If the infringement of Standing Orders is alleged, civil Court's jurisdiction is barred but if suit is based on violation of principles of common law or constitutional provisions or on other grounds,..........
Civil Procedure Code, 1908, Section 9 -- Suit - Right of filing suit is an inherent right unless it is barred whereas right of appeal is a creature of statute - Statute may impose restrictions like limitation or pre-deposit of penalty or it may limit the area of appeal to questions of law or sometime to substantial questions of law...........
Civil Procedure Code, 1908, Section 9, Punjab Municipal Act, 1911, Section 172, 172A, 195, 195A -- Committee issued notice to remove encroachment - Suit for injunction - Held, jurisdiction of civil court is specifically barred u/s 172-A of the Act and implied barred under third proviso to Ss.195 and 225 of the Act...........
