Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte Decree - Setting aside - Plea that after restoration of suit to its original number, no summon was served on petitioner - However, petitioner after restoration of suit to its original number appeared on various dates and participated in proceedings - Even issues were settled in the presence of counsel of parties -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Suit was set ex parte on 13.07.2001 - No steps were taken by petitioner and other defendants as well as Govt. Pleader till February, 2003 - Application U.O.9.R.13, CPC filed 01.02.2003 - Held, delay in filing application U.O.9.R.13, CPC..........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Application for taking documents on record - Since evidence of defendant was closed, there was no need to take the documents on record - Application dismissed - Order upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Non service of summons - Delay in filing application - Condonation of - No service was effected on petitioner - He did not have knowledge of pendency of suit - Held, application for condoning delay in filing application as also application U.O.9.R.13 of the..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Admissibility of document - Objection as to document not sufficiently stamped and not registered - Objection if raised at the time of marking the document in evidence Court is duty bound to decide the objection raised before proceeding with trial of suit...........
Civil Procedure Code, 1908, Section 100, Order 1, Rule 9,13 -- Second appeal - Non-joinder of necessary parties - Suit for Partition - Defect of non-joinder of necessary parties cannot be cured by impleading them in appeal and is fatal to suit for partition...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Document exhibited - Exhibit marked cannot be ordered to be deleted as the same Court is not empowered to review or revise its own order or judgment...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Applicants were poor and illiterate villagers - Advocate's Clerk did not take appropriate and necessary steps in time - Held, liberal approach to be taken - Sufficient cause made out for condoning delay - Delay condoned subject to..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 41, Rule 21 -- Ex parte decree - Setting aside - Sale deed was executed in favour of "R" - "R" was not arrayed as party either at the stage of the suit or at the appellate stage and a judgment was rendered against her - Trial Court allowed the application and set aside the ex parte decree -..........
Civil Procedure Code, 1908, Order 13, Rule 4, Civil Procedure Code, 1908, Order 18.4 -- Objection to admissibility of a document which is introduced in the affidavit tendered as examination-in-chief - Can only be raised at the time of cross examination of the witness introducing those document - Decision on objection has to be taken at the time when the same is raised and..........
