Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte proceedings - Setting aside - Sufficient cause has to be established where ex parte decree is drawn - However, in case of ex parte proceedings, defendant has all right to join proceedings at any subsequent stage...........
Civil Procedure Code, 1908, Order 9, Rule 4, Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Ex parte order - Setting aside - Process server failed to observe mandatory requirement of O.5.R.17 CPC, before resorting to record refusal straightaway, without even, obtaining statement of witness to that effect - Even no affixation was done at door or on conspicuous..........
Civil Procedure Code, 1908, Section 65 -- Auction sale - Mortgage property - Loan of Rs.15,000/- taken from bank - Non payment of loan amount - Auction - Bank itself purchased the property - Sale certificate issued in favour of bank - Later on bank sold the property for Rs.10 lakhs - Respondents claiming excess of sale amount in respect of suit property along with rent..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Absence of any plausible explanation regarding belated production of documents and relevancy of the documents to the controversy involved - Rejection of application calls for no interference...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand of case by Appellate Court - First Appellate Court remanded case to Trial Court although suit was not disposed of on preliminary issue by Trial Court - First Appellate Court has to decide appeal on merits as per record of Trial Court - Thus, matter remanded to First Appellate Court to decide the same on merits...........
Civil Procedure Code, 1908, Section 148, 151, Order 7, Rule 11 -- Deficient court fee - Extension of time to pay - Court can extend time when plaintiffs fails to pay deficient court fee within time granted...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of parties - Partition suit - A party can claim transposition from category of defendant to category of plaintiff and vice versa in a partition suit, as position of parties are interchangeable - Per se transportation is not prohibited in partition suit - Even from the point of view of frame of suit,..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 1, 10, Civil Procedure Code, 1908, Section 2(11) -- Transposition of party - Refusal of prayer for transposition on technical grounds defeats the object and scheme of S.2(11), O.1.R.10, O.22.Rr.1, 10 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of a party - Period of limitation is not involved in the transposition of a party from one rank to another or to recognize him as LR of a deceased party...........
Civil Procedure Code, 1908, Section 2(11), Order 22, Rule 10 -- Impleadment of purchaser - Partition suit - Purchaser of property pending suit can by reference to O.22.R.10, S.2(11) CPC can come on record as legal representative or to continue the lis on behalf of assignor...........
