Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Identification of suit property - Plaintiffs claim to have purchased suit property for a consideration of Rs.500 in 1972 - However, sale deed does not indicate area of property purchased - Boundaries almost on three sides do not tally to one another - No case is made out by plaintiffs for..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 2698 days - Summons not issued to defendant personally - Defendant came to know about ex parte decree when he received notice in the execution petition - Court not satisfied with the explanation of defendant - However, in view..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Petitioners sought leave to file additional written statement because they wants to file detailed reply to contradictory pleas between previous stand of defendants and subsequent compromise petition - However, without permitting petitioners to file additional written statement, real controversy..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex parte decree passed U.O.8.R.10 CPC for non filing of written statement within prescribed time - Not a case covered U.O.9.R.13 CPC - Court has no jurisdiction to set aside ex parte decree in a case which does not fall within four corners of O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex parte decree - Setting aside - Non filing of written statement within time - Death of defendant and L.R's impleaded - Refusal of prayer of substituted defendants to give them opportunity to cross examine plaintiff's witnesses on the date fixed for ex parte hearing of suit - No..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Very location of plot in dispute - It is only the Revenue Authority who can ascertain the correct location of construction - Trial Court directed to appointed concerned Patwari as Commissioner to ascertain the exact location of offending construction...........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition u/s 9 of Hindu Marriage Act - Two grievances (i) travel expenses; (ii) evidence of her side getting rejected - Transfer application rejected by holding that petitioner is permitted to move an application for reopening her evidence before family Court - Petitioner permitted..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Demarcation - An order of demarcation is passed only after framing of relevant issues...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Court cannot be asked to collect evidence for parties in petition U.O.26.R.9 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Factum of possession - Whether property is in existence or not can also be established through record available with local authority - Trial Court justified in holding that Court cannot be asked to collect evidence for parties - Application rightly dismissed...........
