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CIVIL PROCEDURE CODE, 1908 Civil Procedure Code, 1908, Section 2(2), Limitation Act, 1963,

Section 5- Dismissal of appeal as time barred consequent upon dismissal

of application for condonation of delay - Is not a decree - Decision of Court

becomes decree only if there exists adjudication of all or any of disputed

matters in suit. (The Commissioner, Hubli-Dharwad Municipal Corporation,

Dharwad Vs Shrishail & Ors.) 2004(2) Civil Court Cases 78 (Karnataka)

Civil Procedure Code, 1908, Section 2(2), Order 37 Rule 1 -

Withdrawl of amount deposited in Court - Order passed by way of interim

arrangement pending suit and subject to conditions - Cannot be said to be a

Civil Procedure Code, 1908, Section 2(2)

to constitute a decree are (i) There must be an adjudication; (ii) Such

adjudication must have been given in a suit; (iii) It must have determined the

rights of the parties with regard to all or any part of the matters in controversy

in the suit; (iv) Such determination must be of a conclusive nature; and (v)

There must be a formal expression of such adjudication - If there is no judicial

determination of any matter in dispute, it is not a decree - The adjudication

must have determined the rights of the parties with regard to all or any of

Civil Procedure Code, 1908, Section 2(11)- Decree in favour of

dead person - Not a nullity - Decree against a dead person may be nullity but

same principle is not applicable when the decree is in favour of a dead person.

Civil Procedure Code, 1908, Section 2(12) - Mesne profits -

Defendant occupying house as one of the terms of employment without paying

any rent or compensation - Wrongful occupation of house after terminationof service - Plaintiff not leading any evidence to prove as to what would be

the compensation the defendant might have received with due diligence for

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his wrongful occupation - Held, plaintiff is not entitled to claim any mesne

Civil Procedure Code, 1908, Section 9, Electricity Act, 1910,

Section 24

Civil Procedure Code, 1908, Section 9, Haryana Ceiling on Land

Holding Act, 1972, Section 26

declaration as to ownership and that allotment and declaration of surplus area

Civil Procedure Code, 1908, Section 9, Industrial Disputes Act,

1947

or enforcement of any of the rights or obligations created by the Industrial

Civil Procedure Code, 1908, Section 9, Order 7 Rule 11(d),

Securitisation and Reconstruction of Financial Assets and Enforcement

of Security Interest Act, 2002, Section 34

respect of the matters which are empowered to be determined by the Debts

rights or claims of the parties for partition of the property which are in the

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Civil Procedure Code, 1908, Section 9, Recovery of Debts Due

to Banks and Financial Institutions Act, 1993, Sections 17, 18 & 19 -

Civil Procedure Code, 1908, Section 9

express or implied - Express bar is where a Statute itself contains a provisionthat the jurisdiction of Civil Court is barred - Implied bar is when a Statute

provides a special remedy to an aggrieved party like a right of appeal.

Civil Procedure Code, 1908, Section 9 - Civil suit for share in

Civil Procedure Code, 1908, Section 9- Collaboration agreement

passed against them - Cause of action for recovery of payment made under

award from defendant arose only when payment made by plaintiff - Suit for

Civil Procedure Code, 1908, Section 9- Damage to property - Suit

on property which is referable to his loss alone - However, it is the owner of

stranger, be it a tenant or an occupier cannot claim any such rights unless

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Civil Procedure Code, 1908, Section 9- Dismissal from service -

instant case copy of inquiry report not made available to plaintiff nor it was

principles of natural justice - Civil Court has jurisdiction - Held, if dispute

is not an industrial dispute and it does not relate to enforcement of any right

Civil Procedure Code, 1908, Section 9 - Dismissal from service

and compulsory retirement - Suit for declaration that order is null and void


provides a forum, mere act of consent of parties does not confer jurisdiction

Cases 268 (Orissa)


statutory tribunal which would not derive a jurisdiction unless a reference in

Civil Procedure Code, 1908, Section 9- Suit for damages - Peaceful

enjoyment and occupation of plaintiff unsettled - Plaintiff is entitled to claim

damages for unsettling him - This is independent of the claim of the owner of

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Civil Procedure Code, 1908, Section 9- Suit for declaration that a

person belongs to Scheduled Caste or Schedule Tribe - Such suit is impliedly

(Madras)

Civil Procedure Code, 1908, Section 9- Suit for recovery of claim

Civil Procedure Code, 1908, Section 9A and O.14 Rule 2- Issue -

Issue of jurisdiction as preliminary issue - Obligation cast upon Civil Court to

frame issue is only in cases where such an issue is raised while dealing with

application for grant of or vacating any interim relief including appointment of

Commissioner, matters pertaining to stay and similar such interim applications

Civil Procedure Code, 1908, Sections 10 & 151- Provision of section

Code deals expressly with a particular matter, the provision should normally

be regarded as exhaustive. (National Institute of Mental Health & Neuro

Civil Procedure Code, 1908, Section 10, Order 39 Rules 1,2 -

282 (M.P.)



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