Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 2 -- Exparte decree - Setting aside - Non supply of copy of plaint alongwith summons - Only an irregularity - Ex parte decree cannot be set aside on this ground...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Plea that summons not served - Process server proved his report according to which summons of petition was served upon petitioner himself - Signatures of petitioner on summons served upon him for appearance in ejectment petition were duly proved - No suggestion put to process server that he..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 4, Family Courts Act, 1984, Section 7, Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court and consequently Family Court is not ousted with the enactment of Muslim Women (Protection of Rights on Divorce) Act, 1986...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application at the instance of a person not arrayed as defendant is not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Suit dismissed wholly or partly U.O.9.R.8 - Plaintiff shall be precluded from bringing a fresh suit in respect of same cause of action...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 143 -- Suit for cancellation of sale deed - Jurisdiction of civil Court - Plaintiff/appellant herself accepted in the plaint that her name is not recorded in the revenue records - Held, in absence of averment in the plaint that plaintiff is..........
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 4, 6 -- Challenge to validity or legality of notification u/s 4 and declaration u/s 6 of Land Acquisition Act - Jurisdiction of Civil Court - Held, since Land Acquisition Act is a complete code, by necessary implication power of Civil Court to take cognizance of a case u/s 9 of the CPC stands..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Exclusion of - Held, jurisdiction of Civil Court to entertain any suit of a civil nature arising under a statute can be excluded only when cognizance is expressly or impliedly barred by the statute which gives rise to such suits...........
Civil Procedure Code, 1908, Order 22, Rule 4,9 -- Suit for specific performance - Abatement of - Sole defendant died during pendency of suit - Plaintiff/appellant filed application U.O.22.Rr.4 & 9 alongwith application u/s 5 of Limitation Act about four years later despite knowledge of death of deceased defendant - Contention that application for bringing LRs on record..........
Civil Procedure Code, 1908, Section 2(2), 9, 16, 21 -- Decree passed by Court lacking jurisdiction - Decree is nullity - Finding of a Court or tribunal becomes irrelevant and unenforceable/inexecutable once the forum is found to have no jurisdiction - Acquiescence of a party cannot be permitted to defeat the legislative animation - Court cannot derive jurisdiction apart..........