Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Dismissal of suit on account of default should fall in the category of exceptions - Courts are expected to decide the litigation after examining evidence led by parties on merits...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application for restoration was filed within 15-16 days - Dispute in question relates to immovable property - Plaintiff is resident of UK and in such circumstances, it is difficult for him to supervise progress of litigation on each and every date of hearing - Suit restored...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Court is not bound to appoint Local Commissioner, wherever allegations of encroachment are made...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Encroachment - Plaintiff had come with a specific case that defendant had encroached upon his land - Repeated directions were issued to plaintiff and matter was adjourned to enable plaintiff to produce relevant record before Local Commissioner - When plaintiff failed to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To verify existence and condition of house amounts to collection of evidence - Court cannot delegate its jurisdiction to a local Commissioner to adjudicate the disputed questions of facts - Application rightly rejected...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - A person who is only indirectly or remotely interested is not a necessary party...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Where First appellate Court has not completed or effectuate adjudication of proceedings, course adopted by First Appellate Court is illegal - Judgment of First Appellate Court set aside - Matter remanded for fresh consideration...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Trial Court has inherent discretion to invoke the power U.O.26.R.9 at any stage during pendency of trial, either before commencement of evidence or even thereafter...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Where Court deems it fit and proper, a local commissioner can be carried out for the purpose of assisting the court based on the report to be submitted by the Commissioner - However, such a report is not meant to collect any evidence but is merely intended to assist the court regarding physical status of..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Local Commissioner - Court on its own volition can exercise its discretion to appoint Commissioner to make a local investigation for elucidating any matter in dispute...........
