Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Suit by Bank for recovery of loan amount against principal debtor and sureties - Exparte decree passed against principal debtor but suit decreed on contest against sureties - Principal debtor filing application U.O.9.R.13 to set aside exparte decree - Exparte decree set aside against principal..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Application for impleadment by Punjab Wakf Board claiming to be owner of property as per Central Gazette Notification and relying on judgment of Civil Court which held Punjab Wakf Board to be owner of these properties and further plaintiffs themselves moved applications to Wakf Board for allotment of land in question -..........
Civil Procedure Code, 1908, Section 105, 115, Order 43, Rule 1 -- Provision of Section 105 intends to protect the spirit behind Order 43 Rule 1 - Appeals from orders passed during course of suit - Controlled by Order 43 Rule 1 - Section 105 is to regulate and control Order 43 Rule 1 - Section 115 is absolute provision not controlled or guided by any of the provisions - No..........
Civil Procedure Code, 1908, Section 115 -- As amended by Act 104 of 1976 - Scope of revisional jurisdiction of High Court extended - Amended Section 115 capable of being given distinct and different interpretation than the interpretation which Section 115 was capable prior to amendment - Purohit's case AIR 1953 Rajasthan 137 and Mangal's case AIR 1957 Rajasthan 68..........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 43, Rule 1 -- Revision against order directing ex parte proceedings against defendant or dismissal of application for setting aside ex parte order within purview of Order 9 Rule 7 - Maintainable - Any order passed under Order 9 Rule 7 not appealable under Order 43 Rule 1...........
Civil Procedure Code, 1908, Order 5, Rule 19A -- Once Court directs service to be effected by registered cover - Obligatory on a party to comply with the order - Court directed plaintiff to furnish registered covers for service of summons - Registered covers not furnished - Defaulting party cannot take any advantage of its own default...........
Civil Procedure Code, 1908, Order 5, Rule 19A, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 -- Service by registered post - Obligatory upon Court to order simultaneous issue of summons for service under Rules 9 to 19 and direct service by registered post...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 33, Rule 1 -- Permission to sue in forma pauperis - Grant of temporary injunction when application for permission to sue in forma pauperis is not allowed on account of pending enquiry - Held, an order of temporary injunction can be passed in exercise of inherent powers under..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit or partition of joint properties and for permanent injunction - Defendant pleading partition by relying on family settlement and the execution of the document dated 16.4.1990 - Plaintiff denying partition by family settlement or execution of document - Real issues between parties to be decided..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit in appeal - Once suit decided by trial Court after contest - Plaintiff cannot as a matter of course withdraw his suit at the stage of appeal - Words 'at any time after the institution of suit' in Order 23 Rule 1 - Apply to a suit in trial Court and not thereafter - Findings recorded in the suit on issues..........
