Civil Procedure Code, 1908, Order 9, Rule 9 -- Declaration and permanent injunction suit - Dismissed for default - Restoration application moved - Dismissed - No malafide intentions attributed to the plaintiff - Order of dismissal of application not proper - Ordered to be set aside...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 9 -- Provision of O.9.R.9 CPC is not applicable to proceedings under East Punjab Urban Rent Restriction Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 14, Civil Procedure Code, 1908, Order 9, Rule 9 -- Eviction petition - Ground of personal necessity - Ground of personal necessity duly proved but petition dismissed on the ground that earlier a similar petition was filed which was dismissed for default - Held, dismissal for default of earlier petition does not bar..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9, Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Non appearance of plaintiff on date fixed for hearing - Defendants not admitting case of plaintiff either wholly or in part - In such a situation, trial court has no option except to dismiss suit U.O.9.R.8 CPC - In case Court finds that party was not present because of some..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Second commissioner - Without setting aside the report of the first commissioner, a second commissioner for the self same purpose cannot be appointed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Counsel busy in another Court and an application submitted seeking adjournment - Request rejected, respondents proceeded exparte and suit decreed - While passing the decree, the discussion reads like this 'Perused the evidence of P.Ws.1 and 2 and Exs.10 and 12. Suit claim proved. Hence, the..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9, 21A -- Matrimonial case - Transfer of - Convenience of wife is paramount consideration to transfer a case at or near the place where wife is residing - Wife having a child and had to travel for 3 hours from Amritsar to Ferozepur for attending the proceedings initiated by husband - Petition filed..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non - joinder of necessary party - Construction of - Property inherited by widow, son and daughter after death of deceased - Suit for possession by widow alone - Remaining heirs added as proforma defendants - Not likely to be affected by decree - Even decree would not be against their interest - Not hit by non - joinder of..........
Civil Procedure Code, 1908, Order 5, Rule 9 -- Summons - Service by courier - Danger of false reports of service - It is required to be adequately guarded - High Courts can make appropriate rules and regulations or issue practice directions to ensure that such provision of service are not abused so as to obtain false endorsement...........
Civil Procedure Code, 1908, Order 9, Rule 5 -- Period of seven days - It is clearly directory...........
