Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Suit dismissed as withdrawn - Application is not maintainable, as suit was neither dismissed U.O.9.R.2 or O.9.R.3 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Summons pasted on door - There is lapse of not recording evidence of process server - However, in case appellant was keen to show that summons was not accompanied with copy of plaint, then nothing could have stopped appellant from moving application before trial Court to seek direction to cross..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Section 96 -- Judgment and decree passed U.O.8.R.10 CPC - Not an ex parte decree - Application U.O.9.R.13 CPC is not maintainable - Decree can be challenged only by filing appeal u/s 96 CPC...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration of ownership after coming in actual cultivating possession of suit land as gair marusi - Dispute was not between landlord and tenant, rather, inter se two persons claiming themselves as tenant - Civil Court has jurisdiction to determine the said issue...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside ex-parte decree - Delay of 101 days - Condonation - Suit for partition - Petitioners in their affidavit stated about knee operation undergone by counsel, but said fact was not taken into consideration by Court below - Since it is suit for partition and substantial rights of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Court can issue local commission suo motu if in the facts and circumstances of the case, it is deemed necessary that a local commission is required for the purpose of adjudication of the case...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Object of the provision is not to collect evidence which can be taken in the Court but purpose is to obtain such evidence which from its peculiar nature, can only be had on the spot with a view to elucidate any point which is left doubtful on the evidence produced before Court...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Cancellation of sale deed - Allegation of fraud, deceit and fabrication - Revenue Courts are not skilled and experienced to try such cases - Suit of such nature is decided by Civil Courts...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Cancellation of sale deed - Allegation of fraud, deceit and fabrication - Filing of counter claim means accepting disputed property under jurisdiction of Civil Court for cancellation of sale deed...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte proceedings - Setting aside - Sufficient cause has to be established where ex parte decree is drawn - However, in case of ex parte proceedings, defendant has all right to join proceedings at any subsequent stage...........
