Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Tenant seeking appointment of Local Commissioner in appeal - Appellate Court dismissed application by holding that there is sufficient evidence led by both the parties on record to adjudication upon the controversy - Nothing stated as to what prevented for not filing such application in the trial Court -..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Condonation of delay - Written statement has been lodged on 118th day from service of writ of summons - Reasons for delay in filing application although not entirely satisfactory but there is a justifiable explanation for the same - Delay in filing written statement..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Condonation of delay - Written statement has been lodged on 118th day from service of writ of summons - Reasons for delay in filing application although not entirely satisfactory but there is a justifiable explanation for the same - Delay in filing written statement..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to amended plaint - Condonation of delay - Written statement to amended plaint raising certain formal issue is sought to be filed - Entire case will not be reopened for fresh trial - Once the defendant already filed written statement to unamended plaint in which certain formal issues were raised later on,..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Ex parte decree - Setting aside - Separate formal application for condonation of delay u/s 5 of Limitation Act is not necessary, if there are sufficient material on record disclosing sufficient cause of delay...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Ex parte decree - Setting aside - Separate formal application for condonation of delay u/s 5 of Limitation Act is not necessary, if there are sufficient material on record disclosing sufficient cause of delay...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Nothing on record to demonstrate that Court Amin has made any endevaour with due and reasonable diligence to find out defendant - Simple statement of wife of defendant on the first date of visit of Process Server, wherein wife has refused to accept the notice and shown..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Nothing on record to demonstrate that Court Amin has made any endevaour with due and reasonable diligence to find out defendant - Simple statement of wife of defendant on the first date of visit of Process Server, wherein wife has refused to accept the notice and shown..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9, 10 -- Appointment of Commissioner - Application for appointment of commission is filed by plaintiffs on the first date of hearing before High Court - Application can be moved by any party to the suit at any stage and any time during the pendency of suit - If application for appointment of commission is allowed,..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Merely on the ground of delay, an application U.O.8.R.1-A CPC is not to be rejected...........
