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Results of civil procedure code 9 13

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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Defendant in cross examination in another suit admitted of knowledge of proceedings of the present suit - However, in cross examination there was no specific suggestion that he had been proceeded ex parte in the present proceedings and that he was aware of having been proceeded ex parte -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Refusal to accept summons and conducting of Munadi thereafter - However, process server or the person who conducted the alleged Munadi not examined - Assumption of trial Court that defendant had the knowledge of suit cannot be sustained in the eyes of law...........

RAJASTHAN HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte divorce decree - Setting aside - Substituted service - Summons issued once but not received back - Summons not sent by registered post despite such a direction - No attempt made to serve summons on defendant and defendant did not avoid service of summons - Defendant not..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13 - - Ex parte decree - Setting aside - Appeal against an ex-parte decree dismissed - No direction issued by Appellate Court directing plaintiff to avail remedy of an application U.O.9.R.13 CPC - Remedy of an application U.O.9.R.13 CPC is thus, clearly barred by O.9.R.13 Proviso CPC...........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 13, Rule 9 -- Return of admitted documents - Where entitlement of defendants is decided and Court has held that amount in fixed deposit is amount which defendants are entitled, there can be no rider placed on power of Court to pass an order to return documents by relying on O.13.R.9 CPC - Recourse to procedural restrictions U.O.13.R.9 CPC..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Two remedies available to defendant are, First to file an application U.O.9.R.13 CPC to set aside ex parte decree and second to file an appeal u/s 96(2) CPC...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Ex parte decree - In case defendant files an appeal against ex parte decree and appeal is dismissed then defendant cannot file an application U.O.9.R.13 CPC...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Ex parte decree - Appeal against - Right to appeal is a statutory right - Defendant cannot be deprived of the statutory remedy merely on the ground that application filed U.O.9.R.13 CPC was earlier dismissed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Absence of defendant from proceedings not attributed to any negligence on part of her counsel as alleged by her - But application filed to set aside ex parte decree passed against her more than 1 year after she was proceeded ex parte, is only a device to linger on the matter and deny fruits..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Death of defendant during pendency of application to set aside ex parte decree - Property alienated during pendency of application to set aside ex parte decree - Impleadment of transferee pendente lite - High Court allowed impleadment..........

Showing : 1-10 of 967 Results