The words underlined in the observations of the Supreme Court quoted above, therefore, could not have been taken aid of by the earlier Division Bench of this Court in its unreported decision for holding that appeal arising out of proceedings under Order 9, Rule 13, Civil Procedure Code is covered within the word 'appeal' used in Clause 2 of Article 182 of the Act of 1908. Gurumoorthy And Others vs C. But he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for his non-appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit. Order 7 of the Civil Procedure Code then proceeds to lay down rules about the plaint in a suit. Private alienation of property after attachment to be void. Section 92 shall not apply to any religious trust in Bihar. Res judicata debars a court from exercising its jurisdiction to determine the lis if it has attained finality whereas the doctrine of issue estoppel is invoked against the party.
What is the meaning of No decree to be set aside without notice to opposite party? Added by Act 24 of 1951, sec. A may sue B and C at Benaras, where the cause of action arose. Matters for which rules may provide. No second appeal shall lie except on the ground mentioned in section 100. Notwithstanding anything contained in any Letters Patent for any High Court or in any other instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a single Judge of a High Court, no further appeal shall lie from the judgment and decree of such single Judge. But any ground of defence which has arisen after the institution of the suit or the representation of a written statement claiming a set-off may be raised by the defendant or plaintiff, as the case may be, in his written statement or additional written statement.
There, there was regular appeal, but it was defectively framed and all parties were not joined. The reasoning adopted is that the very decree which was put into execution was in a jeopardy and liable to be set aside in proceedings in appeal against the order rejecting the application for setting aside the ex parte decree. Unauthorized persons not to address Court. Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate, the partition of the estate or the separation of the share shall be made by the Collector or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with the law if any for the time being in force relating to the partition, or the separate possession shares, of such estates. They are therefore in agreement upon this point with the Subordinate Judge, and they think that the order passed by him on 4th August, 1924 was right. Any amount of evidence in this regard may not help the Court to render a correct finding on this aspect.
The stay application was rejected on 8-5-1959 against which the judgment-debtor preferred Misc. Bar on suit to set aside decree on objection as to place of suing. आवेदन इस आधार पर दिया की मामले की जानकारी 19. Clause aa relettered as clause b and the former clause b omitted by the A. Appeal under sec 96 of the code of civil procedure We gave power so attorney10 years back to a relative to settle land loan on us.
Power of Court in executing transferred decree: 1 The court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. Sufficient time was given for the defendant to prove his case and finally that was not an ex-parte order. Banumathi, J has held that though appointment of Advocate-Commissioner was sought for under the pretext of noting down the physical features, indirectly it was only to find out the factum of possession. Property liable to attachment and sale in execution of decree. If the documents are forged, while in the possession of the plaintiff, the defendant can prove the forgeries and dispute the entries. Thanx Sir My grand mother purchased a plot no 2 from Development Board Kanpur in an auction conducted by them in 1957 and a lease deed for 999 years was also executed in her favour in 1958.
Every suit shall be instituted in the Court of the lowest grade competent to try it. What is the Power of appellate Court to transfer suit to the proper Court? Explanation renumbered as Explanation I thereof by Act No. It is contended on behalf of the judgment-debtor that the appeal of the judgment-debtor against rejection of his application under Order 9, Rule 13, Civil Procedure Code for setting aside ex parte decree is not covered by Article 182 2 of the Limitation Act because there the period of limitation is reckoned from the date of order passed in appeal only if the appeal is against an executable decree or order. Held, the decree is not passed against Managing Director in his individual capacity. When an application for appointment of advocate commissioner is filed, such application must be decided without any delay. No suit shall lie challenging the validity of a decree passed in a former suit between the same parties, or between the parties under whom they or any of them claim, litigating under the same title, on any ground based on an objection as to the place of suing.
. Power to order discovery and the like. The plaint shall contain the following particulars -- a the name of the court in which the suit is brought; b the name, description and place of residence of the plaintiff; c the name, description and place of residence of the defendant, so far as they can be ascertained; d where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect; e the facts constituting the cause of action and when it arose; f the facts showing that the court has jurisdiction; g the relief which the plaintiff claims; h where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and i a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees, so far as the case admits. Without even filing a suit where a claim as to valid title or right is determined. B, by his agent in Calcutta, buys goods of A and requests A to deliver them to the East Indian Railway Company. What is Relief founded on separate grounds? Hans Raj through his L. Without prejudice to the generality of the provisions of section 99, no order under section 47 shall be reversed or substantially varied, on account of any error, defect or irregularity in any proceeding relating to such order, unless such error, defect or irregularity has prejudicially affected the decision of the case.
In such circumstances the direction of the Division Bench in the matter of award of interest is also not liable to be interfered; Municipal Corporation of Delhi v. What is the Procedure on admitting plaint- Concise statements? Suits for immovable property situate within jurisdiction of different Courts. B may sue A either in Calcutta or in Delhi. Sub-section 2 omitted by Act No. The landlord not accepting rent when tendered by the legal heir nor collecting rent by himself since 25 years nor issuing any notice to the occupant i.
Pandey, assisted by Shri Sanjay Dwivedi, supported the later view expressed in the reported decision of this Court by another Division Bench headed by Shivdayal, C. Particulars to be contained in plaint. A foreign State may sue in any competent Court: Provided that the object of the suit is to enforce a private right vested in the Ruler of such State or in any officer of such State in his public capacity. Result of execution proceedings to be certified. It, on the one hand, bars the remedy and on the other hand creates a valuable right in favour of the other side due to expiry of the period of limitation.
Sub-section 3 omitted by Act 66 of 1956, sec. Powers of Court in executing transferred decree. Proviso omitted by Act No. Execution of decrees passed by Courts in reciprocating territory. Nor in such a case as this is the judgment-debtor prejudiced. Subject as aforesaid, any person considering himself aggrieved- a by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred, b by a decree or order from which no appeal is allowed by this Court, or c by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.