Showing : 21-30 of 202 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Ex parte decree - Setting aside - When an application U.O.9.R.13 CPC is invoked, defendant can also invoke remedy u/s 96 of the CPC and that invocation of one would not be, in any manner, contrary or exclusive to the other...........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Ex parte decree - Remedy of application U.O.9.R.13 CPC and S.96 CPC are not mutually exclusive - They are virtually concurrent in their field of operation...........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Ex parte decree - Remedy of application U.O.9.R.13 CPC and S.96 CPC - When O.9.R.13 CPC provides that a decree can be set aside for reason that defendant was prevented by sufficient cause from appearing on date when case was called whereas u/s 96 CPC, he would obtain the right to assail decree..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Ex parte decree - Remedy of application U.O.9.R.13 CPC and S.96 CPC - It would be in prudence or at least ex abundanti cautela that defendant also files an appeal within period of limitation and then wait and watch as to what happens to his application U.O.9.R.13 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Mere fact that ex parte decree has been executed does not disentitle the defendant from applying U.O.9.R.13 CPC to get the same set aside...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Defendant absent and proceeded against U.O.9.R.6(a) CPC - Ex parte judgment passed on merits - Held, application U.O.9.R.13 CPC lies notwithstanding the fact that ex parte judgment was passed on merits...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 23, Rule 3-- Ex parte decree - Setting aside - Court while exercising power U.O.9.R.13 CPC is competent to invoke jurisdiction as provided in proviso to O.23.R.3 CPC and examine the validity of compromise...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13-- Appeal against ex parte decree - Defendant in an appeal filed against ex parte decree cannot be allowed to show that he was prevented by sufficient cause from appearing at the hearing - As for that purpose, defendant must have recourse to the special procedure U.O.9.R.13 CPC...........
ORISSA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - When defendant dies after passing of ex parte decree against him, his legal representatives can apply U.O.9.R.13 CPC to set aside the ex parte decree...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree of possession - Setting aside - Provisions of O.9.R.13 of CPC to be widely construed to give discretion to the court to take into consideration the attending facts and circumstances while dealing with an application under the aforesaid provision of law - Defendant holding suit..........

Showing : 21-30 of 202 Results