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Results of application to set aside ex parte decree

Showing : 81-90 of 131 Results

KERALA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 41, Rule 1 -- Ex parte preliminary decree - Pendency of application for setting aside - Passing of final decree - Effect - Held, pending an application to condone delay in filing an application for setting aside ex parte preliminary decree, if a final decree is passed, on setting aside of ex..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Inseparable ex parte decree - Setting aside of - Power of Court - Scope - Held, if there are many defendants in a suit and ex parte decree is passed against all of them and if the decree is inseparable in its scope, it can be set aside vis-a-vis all defendants, in an application filed U.O.9.R.13 CPC - However, a..........

MADRAS HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 37, Rule 3(4), Civil Procedure Code, 1908, Order 9, Rule 13 -- Summary suit - Ex parte decree - Setting aside of - Summons for judgment in Form 4A in Appendix B was not served on counsel for defendant as contemplated U.O.37.R.3(4) - Court below had posted the case only after 4 days after defendants entered appearance and passed an ex parte..........

CALCUTTA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Summons has been duly served upon defendant Nos.1 to 3 - They had knowledge of institution of suit - They did not take any steps in said suit and Defendant No.4 entered appearance but did not contest said suit - Suit was decreed ex parte - Cause shown by defendant cannot be treated as..........

ALLAHABAD HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 8, Rule 10 -- Ex parte decree - Setting aside of - Written statement not filed - Ex-parte decree granted - Application filed U.O.9.R.13 for setting aside ex parte decree - Held, a decree passed for defendant's default in filing written statement is an ex parte decree which duly comes..........

ALLAHABAD HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 12, 15 -- Ex parte decree - Setting aside - Service of summons on adult son of defendant - No reason given as to why summons was served upon son and not upon the defendant - Service of summons on adult member of family pre-supposes long absence - In case of service of summons on adult..........

MADRAS HIGH COURT

Year of decision: 2010
Details

Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 19 -- Ex parte divorce decree - Setting aside - Ex parte divorce decree obtained by husband against wife - Neither process server examined who served summons on wife, nor affidavit or report of process server was filed as envisaged..........

ALLAHABAD HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Some of the defendants preferred an appeal upto the Supreme Court - Application to set aside ex parte decree at the instance of some of the legal heirs of deceased defendant who were not brought on record is not maintainable as estate of deceased defendant was fully represented by the heirs..........

RAJASTHAN HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Application to set aside - Service through newspaper without exhausting mode of personal service - No material to infer that defendant had otherwise knowledge of proceedings - Ex parte decree set aside - Held, there was gross error in ordering substituted service without disclosing why personal service was..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Article 135, Order 21, Rule 1, Civil Procedure Code, 1908, Article 135, Order 9, Rule 13 -- Execution - Ex parte decree - Application filed U.O.9.R.13 CPC to set aside ex parte decree - D.H. restrained from proceeding with the execution during the pendency of the application U.O.9.R.13 CPC - Application U.O.9.R.13 CPC dismissed - Appeal arising..........

Showing : 81-90 of 131 Results