Showing : 1-10 of 108 Results

MANIPUR HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay of 175 days - Delay not properly explained except throwing blame on Advocate for which there is no supporting material or affidavit - Having entered appearance through counsel, there is no reason for defendant to plead that failure on part of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5-- Restoration of suit dismissed in default - Condonation of delay - Application for restoration filed after about seven months - Such delay cannot be said to be inordinate delay - In case delay is not that inordinate and other party can be monetarily compensated, then Court rather than following a..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13-- Dismissal of application to set aside exparte decree - Condonation of delay in filing appeal against exparte decree - Time spent in pursuing application U.O.9.R.13 CPC is to be taken as `sufficient cause' for condoning delay in filing first appeal...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 122-- Restoration of suit dismissed in default - Statutory period for filing restoration application is the date of order and not knowledge of order - Condonation of delay is not permissible in absence of an application - No permission can be granted to an aggrieved party for filing an application for..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Setting aside of ex-parte decree - Delay of 920 days - Condonation of delay - JD already aware of ex-parte decree - No satisfactory explanation for said long delay - Delay not condoned...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Appeal against ex parte decree - Exclusion of time spent in pursuing application U.O.9.R.13 CPC - Provision of S.14 of the Act is not applicable in excluding time spent in proceeding U.O.9.R.13 CPC - However, principles analogous to S.14 of the Act would be applicable for purpose of condonation of..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5-- Restoration of suit dismissed in default - Condonation of delay - Application for restoration filed after delay of 18 months - Appellant was aware about dismissal of suit still he knowingly failed to file application for restoration within prescribed period - Application rightly rejected...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - Delay of about 3 years 8 months - Defendant corporation is public sector undertaking and huge public money is involved in the case - Ex parte decree set aside subject to payment of costs of Rs.50,000/-...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5-- Restoration of suit dismissed in default - Condonation of delay of 513 days - Plea of illness and non intimation of dismissal by counsel - Said plea not substantiated by plaintiff - Even delay of 513 days in approaching Court not explained by plaintiff - Application for restoration of suit rightly..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5, Article 123-- Ex-parte decree - Setting aside - Condonation of delay - Limitation would reckon from date when ex-parte decree is passed by Court and not from date of knowledge of ex-parte decree - If the delay is explained to the extent that applicant was unaware of happenings in suit, Court should consider the..........

Showing : 1-10 of 108 Results