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SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 96(2), Limitation Act, 1963, Section 5-- First appeal against ex parte decree - Condonation of delay of 546 days - Earlier there was delay of 276 days in filing application U.O.9.R.13 CPC - Pursuing application U.O.9.R.13 CPC has caused further delay of 270 days - Defendant shown his bona fide by depositing Rs.25 lakhs in compliance of..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 165 days in filing appeal against ex parte eviction decree - Defendant categorically stated that he was not at all served and he came to know of decree passed in suit only when he received notice in execution petition and immediately after obtaining certified copies..........
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..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, Limitation Act, 1963, Section 5-- Domestic violence - Delay in filing appeal - Condonation of delay - Delay in filing appeal against ex parte order passed u/s 12 of PWDV Act - Material brought on record shows that opposite party No.2 is wife of petitioner and a son is born from said wedlock - Petitioner is legally and morally..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96-- Condonation of delay - Delay of 1825 days in filing appeal against ex parte decree - Defendant already exhausted remedy U.O.9.R.13 CPC - Appeal against ex parte decree filed after 5 years from dismissal of application U.O.9.R.13 CPC - Defendant can file an application U.O.9.R.13 CPC and a regular..........
KERALA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Condonation of delay - Delay of 1433 days in filing appeal against ex parte decree - Defendants elected to prosecute and proceed only with application U.O.9.R.13 CPC, but not with the remedy of appeal u/s 96 CPC - They filed appeal after a fairly long period of time nearly 1433 days - Only..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Section 5-- Condonation of delay in filing appeal against ex parte decree - Delay of 36 days - Defendant mentioned the delay of 17 days in place of 36 days in filing appeal which defendant admitted was a clerical omission - Court is always liberal so as to advance substantial case of justice instead of..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Section 5-- Delay - Condonation - Day to day delay not explained - Appeal against ex parte decree - Plea that defendant came to know about passing of the decree from plaintiff and said plea not controverted - When substantial justice and technical considerations are pitted against each other, cause of..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13, 15, Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte divorce decree against wife - Setting aside - Condonation of delay - Husband got remarried after expiry of appeal period - Allowing application of wife for setting aside ex parte decree at this stage would defeat the rights of husband after divorce, particularly when delay occurred on..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Ex-parte order - Setting aside - Notice not given before passing order dated 3.12.2004 - Recall application rejected - Appeal filed alongwith delay condonation application - Delay condoned and appeal allowed - Once finding is recorded that order dated 3.12.2004 was an ex parte order, delay was..........

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