Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agricultural land - Suit filed for permanent injunction and easement right - Suit is not to decide ownership or possession or for any purpose enumerated in Column 3 of Schedule II of UPZA and LR Act - Moreover, defendant itself has stated in its written statement that on the land purchased by it..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Restraining defendants from interfering with possession of plaintiffs - Right of plaintiff over suit property are still to be established - Possession of plaintiff over suit property also not established - Trial Court rightly dismissed the application after recording prima facie..........
Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 65 -- Secondary evidence in rebuttal - Onus to prove the assertion sought to be proved by way of rebuttal evidence was on plaintiff - Plaintiff cannot be allowed to lead evidence by way of secondary evidence in rebuttal, where onus was upon plaintiff to prove that issue...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of issues - Once evidence is led with respect to pleadings, non-framing of issues could not have proved fatal so as to record dismissal of suit...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Irregularity in the service of summons - Ex parte decree not to be set aside if Court is satisfied that defendant had notice of date of hearing and had sufficient time to appear and answer the plaintiff's claim...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Service of summons - Defendant after having read the summons refused to accept the same - Provision of O.5.R.17 CPC complied with - Where a defendant refuses to accept summons, Court shall declare that..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 1026 days - Suit for specific performance - Liberal view has to be taken in the matter of condonation of absence of a party especially in a suit for specific performance unless negligence is so grave to the extent of outweighing..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Once the counsel had withdrawn his Vakalatnama, in normal course, trial Court ought to have issued notice to defendants to engage another counsel - However, trial Court committed error by proceeding ex parte...........
Civil Procedure Code, 1908, Order 17, Rule 2 -- Explanation - Phrases `Any party' and `such party' - `Any party' refers to the party which has led evidence or substantial evidence and `such party' refers to that very party which has led evidence or substantial evidence - U.O.17.R.2 CPC Court would proceed to pass orders with respect to any of the parties being absent or..........
Civil Procedure Code, 1908, Order 17, Rule 2 -- Explanation - Defendant has not led any evidence at all - Explanation could not be invoked as against defendant...........
