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Results of o 9 r 7 civil procedure code

Showing : 1-10 of 177 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 9, Rule 7 -- Setting aside of ex-parte order - Plea of defendant that she was working as a Sub Inspector in the Border Security Force and posted at Ferozepur which is close to Indo-Pak border and therefore, she could not appear before the Court - Order setting aside ex-parte order held, justified...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Defendant/State of U.P though was tardy and could not ensure timely appearance, yet when concerned officials were made aware of pendency of suit and ex parte order, prompt steps were taken - Even plaintiff sought an adjournments at least on two occasions - In such circumstances, it cannot be..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 151, 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of civil Court - Suit for cancellation of sale deed - Wife executed power of attorney in favour of her husband out of principal and agent relationship and not on the basis of marital relationship - S.7 of Family Courts Act does not apply to case - Civil Court thus, have..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 5, Rule 15 -- Ex parte order - Setting aside - Service of summons - Application for setting aside ex parte order was filed by defendant after lapse of more than 9 years - Mother of defendant was served in 2005 which was admitted by defendant - Mother of defendant had no interest in the suit..........

GUJARAT HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 3, 4, Hindu Marriage Act, 1955, Section 13(1), Family Courts Act, 1984, Section 7(1)(g) -- Suit for divorce - Dismissal in default - Application for restoration - Parallel proceeding of child custody still pending, judgment is not pronounced therefore bonafide belief of petitioner cannot be unnoticed - Parties must be given a fair..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 9, Order 7, Rule 10, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 72, 92 -- Return of plaint - Bar of civil Court jurisdiction - Recovery suit filed by society - Filing of suit expressly barred by provision of S.72 of Co-operative Societies Act, as dispute touches Business of a Cooperative Society and has arisen between..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 7 -- Setting aside ex-parte order - Appeal against dismissal of application - Prayer for setting aside ex-parte order made during pendency of suit U.O.9.R.7 of CPC and not after its disposal U.O.9.R.13 - Therefore, an appeal preferred against order passed in relation to an application U.O.9.R.7 of CPC, is not maintainable -..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Defendant No.4 refused to accept summons and therefore served by affixing of summons at his residence - Delay of 13 years in not moving application U.O.9.R.7 CPC and admitted relationship of defendant No.4 with defendant No.2, who was served summon in 2005 itself is on record - Summons..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Dismissal of application to set aside ex parte proceedings - Defendant has right to participate in the proceedings to cross examine the plaintiff or his witnesses and if necessary to lead evidence in rebuttal...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Article 137 -- Ex parte proceedings - Setting aside - Limitation - No period of limitation is prescribed for setting aside ex parte proceedings - When no limitation is prescribed then it is Art.137 which applies and limitation for an application U.O.9.R.7 CPC is three years from the date of accrual of cause..........

Showing : 1-10 of 177 Results