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Results of application to set aside ex parte decree

Showing : 51-60 of 131 Results

RAJASTHAN HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Negligence on the part of lawyer - Plea cannot be accepted for the reason that defendant has not taken any action against the concerned lawyer for remaining negligent - Only conclusion that could be drawn is that defendant himself had remained negligent in attending suit proceedings - No..........

RAJASTHAN HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application filed within 30 days of receipt of certified copy - Knowledge of ex parte decree 11th Sep. - Applied for copy on 12th Sep. - Date fixed for supply of copy 13th Sep. - Copy not ready on that date - Copy ready on 18th Sep. - No notice that copy is ready given - Copy received on 25th..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application to set aside ex parte decree filed immediately after coming to know of passing of ex parte decree - Except bald statement of applicant no other evidence led - Court should take liberal approach for advancing the cause of substantial justice - Ex parte decree set aside...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 6, 9, 12, 13 -- Ex parte decree - Setting aside - Wife appeared personally and pleaded that her counsel was demanding money for filing written statement - Court rendered advise to appellant to contact Secretary, District Legal Service Authority for free..........

RAJASTHAN HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Trial Court compared signatures on summons with signatures on application and held that signatures on summons was that of defendant - Held, when defendant filed affidavit in support of his application that he was not duly served with summons and that affidavit remained uncontroverted then..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2013
Details

Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 153 days in filing application to set aside ex parte decree - Delay deserves to be condoned when wife pleaded that she did not receive notice and when she is residing in another State...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Application by wife to set aside - Plea of remarriage by husband - There is no reason for Court to be influenced by the alien factors...........

BOMBAY HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Non service of summons - Substituted service - Observation of trial Court with regard to validity of service of summons not based on record - There is absolutely no application of mind on the part of trial Court - There is complete non application..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 9, Rule 13 - - Ex parte decree - Setting aside - Second Proviso is mandatory in nature - Court not to set aside decree on mere irregularity in service of summons or in case, where defendant had notice of the date as sufficient time was there to appear in the Court - Court not to allow the application in utter disregard of the terms and..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aide - Conduct of petitioners is that they were assured by their lawyer that they would be informed about the outcome of the case but actually they were not informed - When this fact came to the knowledge of the petitioners immediately, an application was moved for setting aside ex parte decree -..........

Showing : 51-60 of 131 Results