Showing : 1-10 of 223 Results

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...........
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 9-- Restoration of suit - Dismissed in default - Suit dismissed on three occasions - Court allowed restoration application twice and dismissed the same on third occasion - Stage of suit was for filing replication, however, same was not filed on all three occasions - Conduct of plaintiff highly..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13-- Dismissal of application to set aside exparte decree - Condonation of delay in filing appeal against exparte decree - Time spent in pursuing application U.O.9.R.13 CPC is to be taken as `sufficient cause' for condoning delay in filing first appeal...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for declaration of ownership and perpetual injunction - Gram Panchayat chose not to defend the matter even after filing application U.O.7.R.11 CPC - It was only after fresh elections new Gram Panchayat moved application U.O.9.R.13 CPC - Issue of delay in..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13-- Written statement-cum counter claim - Several adjournments availed to file written statement - Defendant debarred from filing written statement - Thereafter defendant proceeded ex parte - Ex parte decree set aside - Held, O.9.R.13 CPC cannot be made for retrieving lost opportunity to file written..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13, 6(a), Civil Procedure Code, 1908, Order 17, Rule 2-- Ex parte decree - Setting aside - Defendant proceeded ex parte on the date when case was fixed for recording defendants' evidence - It was a case where defendants did not lead any evidence - However, plaintiff was present and had led his evidence - Trial Court proceeded to hear the suit ex parte..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Appeal against ex parte decree - Exclusion of time spent in pursuing application U.O.9.R.13 CPC - Provision of S.14 of the Act is not applicable in excluding time spent in proceeding U.O.9.R.13 CPC - However, principles analogous to S.14 of the Act would be applicable for purpose of condonation of..........

Showing : 1-10 of 223 Results