Civil Procedure Code, 1908, Order 8, Rule 5(2), Civil Procedure Code, 1908, Order 9, Rule 13 -- Court can pass decree U.O.8.R.5(2) on basis of facts as pleaded in plaint - Suit can be proceeded ex parte only on recording evidence...........
Civil Procedure Code, 1908, Section 115, Order 13, Rule 2 -- Application U.O.13.R.2 - Rejected - Revision against such order is maintainable...........
Consumer Protection Act, 1986, Section 13(4), Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of complaint - Held that the Commission has no powers to entertain an amendment application under Order 6 Rule 17 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Counsel absent due to ill health on the date fixed in the case and an application to that effect on behalf of the counsel filed - Trial Court rejected application - Exparte decree passed - Held, for reasons attributable to counsel's health litigant should not suffer - Trial Court ought to have..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- During the pendency of application U.O.9.R.13 application filed by the second wife U.O.1.R.10 to be impleaded as party to the proceedings - Proceedings U.O.9.R.13 are limited to find out whether there is any sufficient cause for setting aside the ex parte decree or not - The..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Default arisen on account of counsel's mistake in noting the date - Exparte decree set aside...........
Civil Procedure Code, 1908, Section 152, Order 13, Rule 2 -- Compromise decree - Words 'Payment of interest from 19.9.1990 till realisation' omitted in decree while it appeared in the judgment - There was no mention of these words in the statement of J.D. - Amendment/rectification of decree sought - Judgment not conducing to the statement of the parties whereas decree..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - 'No instructions' pleaded by counsel of defendant - Engagement of counsel does not though mitigate duty of defendant to be vigilant yet on liberal view of matter being taken, ex parte decree set aside subject to deposit of Rs.15, 000/- in Court - Court to deposit the amount in Bank - Deposit..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Delay - Condonation - Application to condone delay should be decided first - Court has no jurisdiction to go into the merits of the application U.O.9.R.13 without disposing of the application u/s 5 of the Limitation Act - Dismissal of applications for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - When defendant approaches the Court immediately and within the statutory period the discretion is normally exercised in his favour, provided the absence was not mala fide or intentional - For the absence of a party in the case the other side can be compensated by adequate costs and the lis..........
