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Results of application to set aside ex parte decree

Showing : 41-50 of 131 Results

HYDERABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Divorce petition - Once it is shown that applicant has no knowledge of the proceedings and not served with summons in filing application within one month from date of knowledge as per Art.123 of Limitation Act as substituted service is no proper service, rejection of her application..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Death of sole defendant - LR's of deceased defendant were duly served but they did not enter appearance and were accordingly proceeded against ex-parte - Application for setting aside ex-parte decree moved by LR's within 5 days of suit being decreed ex parte - Each one of LR's was located..........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of divorce - Setting aside - Wife sent a letter to Family Court at place `J' expressing that she was unable to travel upto place `J' and to defend proceedings there - She was also making efforts to approach Supreme Court by filing a petition for transfer of case - No finding recorded by Family Court while..........

KERALA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 1, Rule 8 -- Ex parte decree - Setting aside - A person who is not eo-nominee a party to a representative suit but who would be bound by decree, can maintain an application U.O.9.R.13 CPC to set aside ex parte decree...........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Application to set aside ex parte proceedings can be filed during the course of hearing of suit that is till hearing of final arguments in the suit - Application filed after hearing final arguments is neither maintainable nor ex parte proceedings can be set aside - The only remedy..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - It is not necessary for a person to first apply U.O.9.R.13 CPC for setting aside ex parte decree - He has both options either to file an appeal or review or an application for setting aside ex-parte decree - It is open to defendant who filed an appeal against ex-parte decree u/s 96(2) CPC to..........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 20 -- Ex parte decree - Setting aside - Resort to O.5.R.17 CPC not taken by Court prior to allowing an application for substituted service of defendant nor satisfaction as required u/o 5 Rule 20 CPC recorded or pasting of notice as mandated under the said provision - Ex parte decree..........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Defendant's counsel drawn into carelessness and did not pursue suit with requisite diligence - Litigant should not be made to suffer for misdemeanor or inaction of his counsel - Delay in filing application condoned - Ex parte decree set aside subject to..........

DELHI HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Depending upon facts of each case, Court can decide application to set aside ex parte decree on the basis of affidavits - Evidence need not to be led in all cases...........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay satisfactorily explained - Order dismissing delay condonation application set aside - Trial Court to decide application U.O.9.R.13 CPC expeditiously in accordance with law...........

Showing : 41-50 of 131 Results