Showing : 101-110 of 115 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Defendant could not appear as she was away to America in connection with her treatment - Counsel also did not appear - Application filed within four days - Held, that absence of counsel should not visit defendant with ex parte decree - Exparte decree set aside...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Defendant proceeded exparte on 30.1.1995 and exparte decree passed on 24.3.1995 - On 30.1.1995 applicant was suffering from dysentery and he could not give appearance in the Court - Written statement was already before the trial Court and it could have framed the..........
RAJASTHAN HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Exparte decree - Setting aside - Counsel appeared on behalf of defendant - Advocate thereafter continuously appearing for the defendant - Defendant claiming knowledge of exparte decree on 1.6.1997 - Decree passed on 28.11.1995 - Application to set aside ex parte decree filed on 2.6.1997 - No..........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Limitation Act, 1963, Section 5-- Delay of 883 days in approaching Court against dismissal in default of application to set aside ex parte decree - Non-action on part of Advocate explained as cause of delay - Litigant cannot be castigated as irresponsible on account of not contacting Advocate about stage of proceedings at any..........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Limitation Act, 1963, Section 5-- Delay - Condonation - Application to set aside ex parte decree - Delay of 883 days - Delay caused due to failure of advocate to inform appellant as well as his failure to take action - Found to be satisfactory by trial Court - High Court in revision setting aside the same - Not proper - Court..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 37, Rule 4, Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree passed under order 37 CPC - Petition to set aside ex parte decree filed U.O.9.R.13 instead of O.37.R.4 - There is no substantial difference between the words `Sufficient cause' in Order 9.R.13 and `Special circumstances' in Order 37.R.4 CPC - Application U.O.9.R.13 directed to be..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Execution - Stay during pendency of decision of application U.O.9.R.13 - Application for stay of execution dismissed - High Court stayed execution and directed trial Court to dispose of the application of petitioner to set aside ex parte decree within 3 months...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Application allowed subject to the condition of depositing half of the suit amount - The term to be imposed has been with reference to only costs and not the suit amount - The order set aside - As the matter still remains to be decided whether the ex parte decree..........
SUPREME COURT OF INDIA
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 9, Rule 13, 6(c)-- Summons served on 28.5.1990 for appearance on 29.5.1990 - There was no sufficient time to reach Court for appearance - Hearing of suit was adjourned but no communication sent to appellant - Held, the summons was not duty served - Limitation began to run only when the appellant had knowledge of the..........
MADRAS HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Order 17, Rule 2, 3, Civil Procedure Code, 1908, Order 9, Rule 13-- Suit posted for evidence - Counsel for defendant not present - Defendant, a widow having no legal knowledge hence not able to participate - Evidence closed and suit adjourned for judgment - Decree passed is ex parte decree under O.17.R.2 - Application to set aside filed U.O.9.R.13 is maintainable...........

Showing : 101-110 of 115 Results