Civil Procedure Code, 1908, Order 5, Rule 17, Civil Procedure Code, 1908, Order 9, Rule 13 -- Second Proviso - Service of summons - Report of process server that defendant had gone out and he tried to serve the summon on the wife of the defendant who refused and hence he affixed the summons on the outer door of the house in the presence of two witnesses - Process server..........
Civil Procedure Code, 1908, Order 37, Rule 4, Civil Procedure Code, 1908, Order 9, Rule 13 -- Scope - Both the provisions not synonymous - Under O.37.R.4 applicant has to sow 'special circumstances' preventing him from entering appearance within stipulated period - In case of O.9.R.13 applicant has to satisfy the Court about 'sufficient cause' preventing him from appearing..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Arbitration award - Objections - Dismissed ex parte - Held, provisions of O.9.R.13 is applicable...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Application U.O.9.R.13 - There is no provision in the Code for dismissal of such application for non appearance - Order dismissing the application must be treated to be one u/s 151 CPC and when restoration of such application is sought it can be allowed under S.151 CPC...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Application U.O.9.R.13 - Dismissed for default - Restoration of such an application can be ordered u/s 151 CPC...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, 10-A, Limitation Act, 1963, Section 5 -- Death of party - It is duty of counsel to inform Court - Dereliction of duty on part of counsel for defendant to inform Court about death of defendant - Delay in filing application U.O.22.Rr.4, 9 - Delay condoned - Abatement set aside and legal representatives brought on record...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Limitation - In cases where summons are served the period of limitation starts from the date of decree and knowledge of party is immaterial...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Applicant must satisfy the Court that summons were not duly served or he was prevented by any special cause from appearing when the suit was called for hearing - Mere production of medical certificate - Not sufficient to prove illness...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Application for setting aside exparte decree and condonation of delay - Both the applications can be decided together...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Service of summons - Petitioner informed about the pendency of suit - That does not absolve the Court of performing its duties...........
