Civil Procedure Code, 1908, Order 9, Rule 9, 8, Civil Procedure Code, 1908, Order 2, Rule 2 -- Dismissal of suit in default - Subsequent suit on same cause of action is barred - Same cause of action includes a cause of action which could have been included but plaintiff omitted to do so - In other words, a suit which is barred in terms of O.2.R.2 CPC would also be barred..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Same cause of action - Includes cause of action on which plaintiff could have claimed the relief in the previous suit...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit which is barred in terms of O.2.R.2 is also barred in terms of O.9.R.9 CPC...........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Exparte decree - Two options are available - One to file appeal and second to file application U.O.9.R.13 - If appeal is dismissed then application U.O.9.R.13 is not maintainable but not the vice versa - On dismissal of application U.O.9.R.13 remedy of appeal..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Application U.O.9.R.7 is not maintainable at the stage when suit is pending for pronouncing the judgment...........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Assignee - Impleadment - Held that an assignee may be impleaded and may also continue proceedings which his predecessor-i, interest may have done - An application to set aside an ex parte decree would certainly lie at the instance of such an assignee - As the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Application is not maintainable when an appeal against ex parte decree is dismissed may be on ground of limitation or dismissal for default - By virtue of explanation disposal of appeal on any ground whatever, apart from its withdrawal, constitutes sufficient reason for bringing the ban into..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Explanation - Exparte decree - Setting aside - Application is not maintainable when an appeal against ex parte decree is dismissed may be on ground of limitation or dismissal for default - By virtue of explanation disposal of appeal on any ground whatever, apart from its withdrawal, constitutes sufficient reason for bringing..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Irregularity in service of summons - Exparte decree cannot be set aside merely on the ground that there has been irregularity in service of summons if it is satisfied that defendant had knowledge of date of hearing and had sufficient time to appear and answer the plaintiffs claim...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Exparte decree can be set aside when summons are not duly served or that defendant was prevented by sufficient cause for not appearing when the suit was called for hearing - Exparte decree cannot be set aside merely on the ground that there had been an irregularity in service of summons and if..........
