Showing : 41-50 of 148 Results

HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Delay of two years in filing application - Condonation of delay - Defendant failed to file an affidavit explaining the delay and setting out sufficient cause for filing application to set aside ex parte decree after long lapse of more than two years - Dismissal of..........
CHHATTISGARH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9-- Restoration of suit - Delay - Suit restored without there being an application for condonation of delay - Impugned order set aside - Matter remitted with direction to plaintiff to file application for condonation of delay with an opportunity to defendant to file reply and other material in..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 23, Rule 3, 3A-- Compromise decree - Setting aside - Condonation of delay - Denial of signatures by defendant on the vakalatnama and compromise as summons were not issued to him - Burden was on plaintiff to prove that compromise as well as vakalatnama was genuine - Since no evidence has been adduced in this..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 9-- Abatement - Delay in bringing on record the LRs of defendant - Condonation of delay - On sufficient cause, delay in bringing LRs of deceased party should be condoned - Procedure is meant only to facilitate the administration of justice and not to defeat the same - Delay condoned - Appeal restored...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123-- Ex parte decree - Setting aside - Delay of about two years in filing application - Defendant appeared in the case of his own and thereafter was proceeded ex parte - Held, application is barred by limitation and in the absence of any supporting application for seeking condonation of delay, the same..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Service of summons without copy of plaint - Delay - No application for condonation of delay filed - When there is no due service of summons then there is no delay in filing the application...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 41, Rule 3A, Limitation Act, 1963, Section 5-- Appeal - Condonation of delay - Delay of 168 days in filing appeal - No sufficient cause mentioned in the affidavit regarding delay except making bald unsubstantiated allegation - Basing on lame excuse or unsubstantiated cause, it is difficult to condone delay - Delay not condoned - Application..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 96(2), Order 43, Rule 1(d), Limitation Act, 1963, Section 5-- Appeal - Delay of more than 11 years in filing appeal - Condonation of delay - Cause shown in affidavit supporting delay condonation application not only bereft of material particulars but also vague - No reasons assigned by defendants for delay in filing appeal - More so, defendants suppressed..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - Ailment of defendant - Medical certificate in support thereof - Medical certificate alleged to be forged document - Defendant had been regularly appearing in criminal proceedings which were simultaneously going on during disputed point of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - There is no necessity for defendant to file an application for condonation delay while seeking relief of setting aside ex-parte decree passed against him, when there is no evidence to show that summons were served upon him and when he has no..........

Showing : 41-50 of 148 Results