East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 9 -- Provision of O.9.R.9 CPC is not applicable to proceedings under East Punjab Urban Rent Restriction Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 14, Civil Procedure Code, 1908, Order 9, Rule 9 -- Eviction petition - Ground of personal necessity - Ground of personal necessity duly proved but petition dismissed on the ground that earlier a similar petition was filed which was dismissed for default - Held, dismissal for default of earlier petition does not bar..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9, Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Non appearance of plaintiff on date fixed for hearing - Defendants not admitting case of plaintiff either wholly or in part - In such a situation, trial court has no option except to dismiss suit U.O.9.R.8 CPC - In case Court finds that party was not present because of some..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Counsel busy in another Court and an application submitted seeking adjournment - Request rejected, respondents proceeded exparte and suit decreed - While passing the decree, the discussion reads like this 'Perused the evidence of P.Ws.1 and 2 and Exs.10 and 12. Suit claim proved. Hence, the..........
Civil Procedure Code, 1908, Order 9, Rule 5 -- Period of seven days - It is clearly directory...........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 13 -- Exparte decree - Separate suit to challenge - Not maintainable - Remedy available against an ex parte decree is either to file an application U.O.9.R.13 CPC or an appeal u/s 96 CPC...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Service of summons - Telegram - There is no presumption of service available on the basis of receipt of telegram only - Ex parte divorce decree set aside...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Service of summons - Registered notice received back with endorsement 'not found' - Dasti notice not found to be served by `nishan dehi' - Service of summons on the basis of telegram is not available - Service by affixation highly suspicious -..........
Civil Procedure Code, 1908, Section 2(9), Order 9, Rule 6, 13, Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 20, Rule 1, 4(2) -- Defendant proceeded ex parte - Merely for this reason, allegations in complaint cannot be accepted to be correct - Court has to record a finding or call for evidence in support of the plaint allegations...........
Civil Procedure Code, 1908, Order 5, Rule 20, Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for declaration on the basis of adverse possession - Defendants order to be served by way of publication - Exparte decree - Setting aside ex parte decree - Ex parte decree passed without publishing notice for service on defendant as directed by Court - Order setting aside..........
