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Results of application to set aside ex parte decree

Showing : 1-10 of 131 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Two remedies available to defendant are, First to file an application U.O.9.R.13 CPC to set aside ex parte decree and second to file an appeal u/s 96(2) CPC...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Absence of defendant from proceedings not attributed to any negligence on part of her counsel as alleged by her - But application filed to set aside ex parte decree passed against her more than 1 year after she was proceeded ex parte, is only a device to linger on the matter and deny fruits..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 92(1) -- Execution - Auction sale - Confirmation of sale - Sale not to be confirmed pending disposal of any objection - Pendency of application to set aside ex parte decree partakes the nature of an objection - Sale not to be confirmed pending final disposal of application to set aside ex parte decree...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Death of defendant during pendency of application to set aside ex parte decree - Property alienated during pendency of application to set aside ex parte decree - Impleadment of transferee pendente lite - High Court allowed impleadment..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for permanent injunction - Plaintiff was aware of correct address of defendant but intentionally did not give the same - No explanation come forth in plaint or in evidence of giving other address of defendant, which was not supported by any documentary evidence - Application for setting..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte divorce decree - Setting aside - Second marriage after passing of ex parte decree and expiry of limitation for filing appeal - Ex parte decree set aside in appeal filed against order refusing to condone delay to file application to set aside ex parte decree - Second..........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13, 15 -- Ex parte decree of divorce - Remarriage during pendency of application to set aside ex parte decree - Remarriage of spouse who obtained ex-parte decree of divorce will not render application for setting aside ex-parte decree infructuous - Remarriage of spouse is not a relevant factor..........

KERALA HIGH COURT

Year of decision: 2018
Details

Hindu Marriage Act, 1955, Section 13, 15, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of divorce - Remarriage during pendency of application to set aside ex parte decree - Remarriage after receipt of notice of application to set aside ex parte decree - An incapacity for second marriage for a certain period does not have effect of treating former..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Application to set aside ex parte decree not filed within 30 days of knowledge of ex parte decree - Meanwhile husband remarried - Where a party has solemnized a second marriage, issue concerning ex parte decree has to be decided keeping in view the interest of second wife - Courts..........

KERALA HIGH COURT

Year of decision: 2018
Details

Hindu Marriage Act, 1955, Section 13(1)(iii) -- Ex parte divorce decree - Mental disorder of wife - Husband did not adduce any medical evidence to prove that wife was suffering from any mental disorder - Even, impugned judgment does not contain a single sentence regarding reason for granting a decree of divorce - Trial Court has only stated that evidence of husband..........

Showing : 1-10 of 131 Results