Showing : 61-70 of 166 Results

DELHI HIGH COURT
Year of decision: 2012
Details
Delhi Rent Control Act, 1958, Section 25B, Civil Procedure Code, 1908, Order 37, Rule 4, Limitation Act, 1963, Section 5-- Eviction proceedings - Bona fide need - Leave to defend - Condonation of delay - Recalling of order - Held, S.25B of DRCA which provides for summary trial of applications for eviction on ground of bona fide requirement is a code in itself - Rent Controller while dealing with an application for..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 115-- Revisional powers - Exercise of - Delay and laches - Revision applicants did not file any application for condonation of delay in revision proceeding - Observation of revisional authority that there is no time limit or limitation provided for filing revision application - Held, observation is..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Application for setting aside - Delay of 792 days - Condonation - Written statement was already filed within time - Suit itself is for seven pro-notes - Petitioner would state that because of the communication gap between himself and his Advocate and that too because of his..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - Suit for partition among near relatives and ex-parte decree was passed - Held, delay could be condoned, by way of giving an opportunity to defendants, in the interest of audi alteram partem, subject to payment of total cost of Rs.5000/-..........
JHARKHAND HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 41, Rule 3A(2)-- Appeal - Delay in filing - Application for condonation - Issuance of notice to respondent - Held, provision of O.41.R.3-A(2) mandatorily requires that in case Court chooses not to reject the application for condonation of delay without calling upon the other party, then it has no option but to..........
CHHATTISGARH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5-- Application for setting aside abatement - Condonation of delay - Application filed by applicants for bringing them on record as heirs and LRs of deceased appellant after a period of 11 years - Proposed LRs No.3(a) has signed the affidavit in English - A bare perusal of Vakalatnama signed by..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - Delay of 1515 days - Imposition of cost - Held, taking into account the huge delay in filing the application U.O.9.R.13 CPC, the awarding of a sum of Rs.1,500/- (one thousand five hundred) would not meet the ends of justice and it could be..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - Held, in appropriate cases delay could be condoned, however, there should not be any element of willful negligence on the part of the defaulting party in prosecuting the matter...........
MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside of - Delay of 435 days - Condonation of - Lower Court dismissed the application on the ground that application was filed without disclosing the factum of the earlier I.A. having been filed U.O.9.R.13 CPC as though the Power of Attorney of D4 came from Abu Dhabi,..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - Revision petitioner lost his mother and his brother and he was also suffering from ill-health as revealed from his affidavit - There was a communication gap between his Advocate and himself - Decree holder viz., respondent herein/plaintiff..........

Showing : 61-70 of 166 Results