Civil Procedure Code, 1908, Order 26, Rule 9 -- High Court Rules and Orders, Volume I, Chapter I - Local Commissioner - In suit for possession/Hadd Skhini, Local Commissioner did not fix pucca points in accordance with norms - In case of dispute of land falling with jurisdiction of Civil Court, it is always desirable that enquiry be made on spot...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- High Court Rules and Orders, Volume I, Chapter I - Local Commissioner - Local Commissioner has not followed instructions issued by Financial Commissioner on subject matter, not gave proper and lawful notices to parties - Local Commissioner did not affix three pucca points, rather treated entire colony as on of pucca point -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Reason for non service of summons is no, availability of defendant when summons were about to be served - Despite correct address given, no steps were taken by plaintiff to serve defendant on correct address - Even otherwise, suit property is valuable and..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Counter claim after filing written statement - - Partition suit - Cause of action in respect of counter claim accrued to defendants before filing of written statements - Application for counter claim allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Cannot be appointed to collect evidence for a party...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Order declining appointment of local commissioner - Not revisable order as it does not decide any substantial right between parties...........
H.P.Urban Rent Control Act, 1987,, Section 14, Civil Procedure Code, 1908, Order 1, Rule 9,10 -- Rent and eviction - All the co-owners in an eviction petition seeking eviction on the ground of reconstruction of building are necessary party - In case one co-owner is allowed to raise construction without consent of other co-owners by way of judicial order then legal rights..........
Civil Procedure Code, 1908, Section 9 -- Lis not maintainable - Court when comes to conclusion that lis is not maintainable, then it should not venture to decide any of the issues...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 18 -- Setting aside ex parte decree - Summons - Non-compliance with the provision of O.5.R.18 - Where official stamp of appellant-company is there on summons, service upon Manager of appellant-company is not required to be witnessed by any of the employees working there - No defect in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Can be set aside if summons were not duly served or if a party is prevented by sufficient cause from appearing in response to the summons...........
