Civil Procedure Code, 1908, Order 7, Rule 14(3), Rajasthan Rent Control Act, 2001, Section 9(A), (I), (E), (F), 21(3), Evidence Act, 1872, Section 45 -- Eviction petition - Tribunal denied to be take documents on record - Since said documents were denied to be taken on record, therefore, Tribunal observed that there was no justification for taking report of handwriting..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent and mandatory injunction - Name of plaintiff recorded in revenue record - Plaintiff has a right to seek remedy before Civil Court, as no declaration of title is involved...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Court has powers to appoint a Commissioner - Such powers are to be exercised if Court desires assistance from Commissioner or is of opinion that Commissioner's report will assist the proper disposal of cause before it...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Identification of suit property - Plaintiffs claim to have purchased suit property for a consideration of Rs.500 in 1972 - However, sale deed does not indicate area of property purchased - Boundaries almost on three sides do not tally to one another - No case is made out by plaintiffs for..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 2698 days - Summons not issued to defendant personally - Defendant came to know about ex parte decree when he received notice in the execution petition - Court not satisfied with the explanation of defendant - However, in view..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Petitioners sought leave to file additional written statement because they wants to file detailed reply to contradictory pleas between previous stand of defendants and subsequent compromise petition - However, without permitting petitioners to file additional written statement, real controversy..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex parte decree passed U.O.8.R.10 CPC for non filing of written statement within prescribed time - Not a case covered U.O.9.R.13 CPC - Court has no jurisdiction to set aside ex parte decree in a case which does not fall within four corners of O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex parte decree - Setting aside - Non filing of written statement within time - Death of defendant and L.R's impleaded - Refusal of prayer of substituted defendants to give them opportunity to cross examine plaintiff's witnesses on the date fixed for ex parte hearing of suit - No..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Very location of plot in dispute - It is only the Revenue Authority who can ascertain the correct location of construction - Trial Court directed to appointed concerned Patwari as Commissioner to ascertain the exact location of offending construction...........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition u/s 9 of Hindu Marriage Act - Two grievances (i) travel expenses; (ii) evidence of her side getting rejected - Transfer application rejected by holding that petitioner is permitted to move an application for reopening her evidence before family Court - Petitioner permitted..........
