Showing : 61-70 of 99 Results

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..........
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 within the ambit of..........
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 member of family,..........
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 U.O.5.R.19 CPC - Family court drew presumption of service on foot of..........
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..........
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..........
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 out thereof dismissed by Supreme Court -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 9, Rule 13-- Application to set aside ex-parte decree - Application dismissed as Advocate pleaded no instructions - Held, it is not mandatory for courts to issue notice to parties when Advocate reports no instructions - It is duty of Advocate to put his client on notice before pleading no instructions in a..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Ex parte decree - Setting aside - Service of summons through publication in newspaper - Summons sent through registered cover received back with the report that address is incomplete - Correct address not provided - Instead of filing correct address an application U.O.5.R.20 CPC for substituted..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123-- Ex parte decree - Setting aside - Thumb impressions of some body else on summons - Trial Court set aside the ex parte decree by holding it to be the result of fraud - Decree passed in 1980 but application to set aside it filed in 1997 when served in execution petition - Certified copy of decree..........

Showing : 61-70 of 99 Results