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Results of application to set aside ex parte decree

Showing : 91-100 of 131 Results

ANDHRA PRADESH HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 9, Rule 13 -- Application to set aside ex-parte decree - Application dismissed as Advocate pleaded no instructions - Held, it is not mandatory for courts to issue notice to parties when Advocate reports no instructions - It is duty of Advocate to put his client on notice before pleading no..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Service of summons through publication in newspaper - Summons sent through registered cover received back with the report that address is incomplete - Correct address not provided - Instead of filing correct address an application U.O.5.R.20 CPC..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Thumb impressions of some body else on summons - Trial Court set aside the ex parte decree by holding it to be the result of fraud - Decree passed in 1980 but application to set aside it filed in 1997 when served in execution petition - Certified copy of..........

RAJASTHAN HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 9, Rule 7 -- Application U.O.9.R.7 CPC filed at the stage when suit was pending for pronouncing judgment - Change of Presiding Officer who fixed for hearing arguments - Defendants counsel could not appear due to illness - Cause pleaded for setting aside exparte order was good cause - Application filed within 17 days from date of proceeding..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside Ex-parte decree - Suit dismissed by Trial Court - Appeal filed before first Appellate Court - Defendant not served - Proceeded exparte - Application for setting aside exparte decree dismissed being barred by limitation - Defendant having won before Trial Court nothing to gain by not appearing in first appeal -..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside exparte decree - Application for recording a decree under O 12, R 6 - Defendant proceeded ex-parte - Ex-parte judgment and decree on admission of sum of Rs. 37, 24, 478/- passed - Application for setting aside ex-parte decree - Allowed by Trial Court with a condition to furnish security of Rs. 37 lacs in form of..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside exparte decree - Defendant served by way of substituted service by publication in newspaper - Proceeded ex-parte - Application for setting aside ex-parte decree filed after 9 years of passing of ex-parte decree - Procedural irregularities pointed out, not material - Trial Court allowed the application - Conduct..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2005
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Counsel busy in another Court and an application submitted seeking adjournment - Request rejected, respondents proceeded exparte and suit decreed - While passing the decree, the discussion reads like this 'Perused the evidence of P.Ws.1 and 2 and Exs.10 and 12. Suit claim proved. Hence, the..........

PATNA HIGH COURT

Year of decision: 2005
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause for non appearance - Plea that defendant had gone outside State to earn his livelihood and pairokar failed to take proper care of the case - Plea shows sufficient cause for non appearance as well as delay in filing application - Exparte decree set aside subject to payment of..........

KERALA HIGH COURT

Year of decision: 2004
Details

Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Assignee - Impleadment - Held that an assignee may be impleaded and may also continue proceedings which his predecessor-i, interest may have done - An application to set aside an ex parte decree would certainly lie at the instance of such an assignee - As the..........

Showing : 91-100 of 131 Results