Showing : 11-20 of 223 Results

ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13-- Exparte decree - Setting aside at the instance of a person not party to the suit - Application U.O.9.R.13 CPC at the instance of such a person is not maintainable - However, decree obtained by fraud can be set aside at the instance of such a person u/s 151 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Aggrieved has four options : (a) to file an application U.O.9.R.13 CPC for setting aside ex-parte decree; (b) to challenge decree on merits by filing an appeal; (c) to file a separate suit on the ground that previous decree was the result of fraud (d) to file an application for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Setting aside ex-parte order - Appeal against dismissal of application - Prayer for setting aside ex-parte order made during pendency of suit U.O.9.R.7 of CPC and not after its disposal U.O.9.R.13 - Therefore, an appeal preferred against order passed in relation to an application U.O.9.R.7 of CPC,..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex parte proceedings - Setting aside - Defendant No.4 refused to accept summons and therefore served by affixing of summons at his residence - Delay of 13 years in not moving application U.O.9.R.7 CPC and admitted relationship of defendant No.4 with defendant No.2, who was served summon in 2005..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Recovery suit - Trial Court dismissed application U.O.9.R.13 CPC without assigning any reasons much less cogent and valid reasons - Mere no, filing of medical certificate itself is not a valid ground to dismiss the application - Court has to take into..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13-- Appeal u/s 96 CPC - Is maintainable against ex parte decree, notwithstanding dismissal of application U.O.9.R.13 CPC...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13-- Appeal - When an application U.O.9.R.13 CPC is dismissed, defendant can prefer appeal in terms of O.43.R.1 CPC - Once such an appeal is dismissed, appellant cannot raise the same contention in first appeal...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Restoration of restoration application dismissed in default - Decree holder should not have contested the application and could have given statement for restoration of the same subject to any terms and conditions - Application filed U.O.9.R.13 CPC ordered to be restored and two effective..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte divorce decree - Setting aside - Proceedings U.O.9.R.13 CPC are not rendered infructous for the mere fact that husband contracted a second marriage after passing of ex parte decree of divorce in his favour...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20(3), Civil Procedure Code, 1908, Section 27-- Ex parte decree - Setting aside - Service of summons on defendant without mentioning therein a specific day, date, year and time cannot be held as "summons duly served" on defendants within the meaning of O.9.R.13 CPC, as such summons and service effected pursuant thereto cannot be held to be in..........

Showing : 11-20 of 223 Results