Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 7 -- Eviction petition - Whereabouts of tenant not known - Proceeded exparte - Wife of the tenant carrying on business in the premises - Wife is entitled to get herself impleaded as a party - She is proper as well as necessary party - Order dismissing application U.O.1 R.10 set aside...........
Civil Procedure Code, 1908, Order 9, Rule 9, 8, 11 -- Rr.14, 21 - Non compliance of directions U.O.11.R.14 - Suit dismissed - Plaintiff not present when suit was called out - Dismissal is U.O.9 R.8 - Application U.O.9 R.9 is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Applicant a stranger but vitally interested in the subject matter of the suit - Application to set aside exparte decree is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside at the behest of a stranger who is vitally interested in the subject matter of suit - Application is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Application to set aside exparte decree filed subsequent to dismissal of revision u/s.25 of Provincial Small Cause Courts Act against decree - Application is not maintainable...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- In the absence of requisite conditions having been fulfilled as stipulated in the provision contained in O.9 R.13 CPC court has no jurisdiction to set aside the exparte decree and restore the suit...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Application dismissed - Appeal - Appellate Court instead of deciding the application on merits ordered the plaint to be returned on the ground of jurisdiction - Held, the order passed by the appellate court suffers from a manifest error of law and cannot be sustained...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Exparte decree-Setting aside - In absence of requisite conditions stipulated in O.9R.13 fulfilled, Court cannot have jurisdiction to set aside ex parte decree by having resort to Inherent jurisdiction...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree passed by Small Cause Courts Act - Defendant preferred revision which was dismissed in default- Defendant then filed an application U.O.9 R.13 for setting aside the exparte decree - Application filed subsequent to the dismissal of revision does not lie...........
Provincial Small Causes Courts Act, 1887, Section 17, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree passed under the Act - Setting aside - is governed by the provisions of O.9.R.13 CPC in addition to the requirement contemplated under S.17 of the Act...........
