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Results of civil procedure code 9 13

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Showing : 31-40 of 1138 Results

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - One `R' was witness to the report of refusal of process server - `R' submitted his affidavit that he never signed on the report - Wife by her statement and other evidence proved that at the time of service of notice she was not living at the given address and no sufficient evidence in..........

ALLAHABAD HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13B -- Ex parte decree of divorce by mutual consent - Setting aside - (i) Petition u/s 13-B of the Act not supported by an Affidavit; (ii) Wife not aware of the filing of petition; (iii) wife has not given her consent for divorce by mutual consent; (iv) wife never appeared before Court; (v)..........

JHARKHAND HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9 -- Ex parte decree - Setting aside - Tracking record not conclusive proof of service of summons - Requirements of O.5.R.9 have also to be considered by Court before service of summons upon defendant is held valid...........

MADRAS HIGH COURT

Year of decision: 2022
Details

Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 424 days in filing application for setting aside ex parte decree - Defendant failed to explain delay by establishing sufficient cause within the meaning of S.5 of Limitation Act - Application for condonation of delay rightly dismissed...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 13(b), Punjab Land Revenue Act, 1887, Section 45 -- Jurisdiction of civil Court - Suit for declaration challenging mutation entry being wrong, illegal, void and nullity and not binding on the rights of plaintiffs/proprietors of the village - It is S.13-B of Act of 1961 which..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings pending decision of application filed U.O.9.R.13 CPC - Stay application be heard and decided on merits prior to execution of warrants of possession so that defendant is able to prima facie put forth his case before being dispossessed in execution of..........

BOMBAY HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Summons was served, yet wife refused - Wife had knowledge of legal procedure, as she filed three criminal cases against husband - On several dates after summons was served and wife did not remain present, decree of divorce came to be passed after waiting for almost 6..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Appeal against - Appellant while challenging ex parte decree by filing an appeal, can always point out from record of trial Court that order passed to proceed with the suit ex parte against him was illegal...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Appeal against - Appellant can always point out from record of trial Court that order proceeding him ex parte was illegal - Record shows that attempt to service summons by regular mode failed as premises of appellant were found to be locked - Trial Court did not..........

CALCUTTA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Materials on record shows that defendant could not be served through Court with original plaint, amended plaint and writ of summons of amended plaint, as it was not present in the address as mentioned in service - All the service were being made to incorrect address and/or insufficient..........

Showing : 31-40 of 1138 Results