Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree to be set aside if party satisfies Court that summons had not been duly served or he was prevented by sufficient cause from appearing when the suit was called on for hearing - However, the court shall not set aside the said decree on mere irregularity in the service of summons..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Second Proviso - Second Proviso to O.9.R.13 CPC is mandatory - It is not permissible for Court to allow application in utter disregard of the terms and conditions incorporated in the second proviso...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- 'Sufficient cause' - Means that party had not acted in a negligent manner or that there was want of bona fide on its part depending upon facts and circumstances of the case or the party cannot be alleged to have been 'not acting diligently' or 'remaining inactive' - Court while exercising discretion has to exercise the same..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- 'Sufficient cause' - While deciding as to sufficient cause, Court must bear in mind the object of doing substantial justice to all the parties concerned and that the technicalities of the law should not prevent the court from doing substantial justice and doing away the illegality perpetuated on the basis of the judgment..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Report of refusal on summons - Report of refusal on notice sent by registered post - Service of summons through publication in newspaper - No plea of fraud between appellant and postman - Postman not examined - Not a plea that newspaper in which notice was published did not have a wide..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Decree of trial Court - Appellate Court should not modify it by a cryptic order without taking note of all relevant aspects, otherwise such judgment and order would be liable to be set aside...........
Civil Procedure Code, 1908, Section 11 -- Challenge to acquisition of land that acquired blocks of land were outside the purview of framework agreement - No reason assigned why appellant has not raised this issue earlier - Held, this issue cannot be raised in subsequent proceedings in view of doctrine of constructive res judicata which applies to writ petitions also...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Encroachment of public street - Affected person filed suit - Suit is not governed by O.1.R.8 CPC - Held, suit cannot be dismissed on the ground of non compliance of the provisions of O.1.R.8 CPC...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - It is the issues fixed and not the pleadings that guide the parties in the matter of adducing evidence...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Court should not decide a suit on a matter/point on which no issue has been framed...........
