Showing : 11-20 of 103 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Ex parte decree - Remedy of application U.O.9.R.13 CPC and S.96 CPC - If a party chooses to file an application U.O.9.R.13 CPC before Sub Court to set aside decree, he would also be required to consider it to file an appeal simultaneously to avoid delay in filing appeal before District Court...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 22, Rule 4-- Ex parte decree - Setting aside - Death of sole defendant during pendency of suit - Notice of application U.O.22.R.4 served on L.R's but they did not appear - Court instead of adopting the correct procedure to accept the application U.O.22.R.4 CPC, take the legal representatives on record and..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Plea that summons not duly served - Court without taking evidence of parties holding that summons were duly served and dismissed application - Since it was a suit for specific performance, Court ought to have resorted to procedure of taking evidence to decide the..........
HYDERABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - One single application can be filed for condonation of delay and also to set aside ex parte decree, where grounds for seeking both such reliefs are same...........
HYDERABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - Delay of 129 days - Defendant is senior citizen aged over 66 years - He failed to take necessary steps in setting aside ex parte decree owing to old age and age related ailments - Court below ought to have been more liberal in its approach..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit and counter claim dismissed on same day in the absence of both the parties - Defendant filed restoration of counter claim, which was allowed without notice to plaintiff and plaintiff declared ex parte - Application for restoration cannot be decide at the back..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Application to set aside ex parte decree filed after two years of service of notice in the execution petition - Application for setting aside ex parte decree is highly belated - Order dismissing application, upheld...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Summons not served to defendant - Presuming the service of defendant in the order sheet on the basis of refusal cannot be considered to be justified and legally perfect, particularly when registered address filed along with it is alleged to be forged and not..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Death of original defendant after ex parte decree - LRs of deceased defendant were brought on record - However, original defendant was not prevented by sufficient cause from appearing on the date of hearing and was negligent right from the initial stage of case -..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree of possession - Setting aside - Provisions of O.9.R.13 of CPC to be widely construed to give discretion to the court to take into consideration the attending facts and circumstances while dealing with an application under the aforesaid provision of law - Defendant holding suit..........

Showing : 11-20 of 103 Results