Showing : 41-50 of 61 Results

GAUHATI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - Applicants were poor and illiterate villagers - Advocate's Clerk did not take appropriate and necessary steps in time - Held, liberal approach to be taken - Sufficient cause made out for condoning delay - Delay condoned subject to payment..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13, 6-- Ex parte decree - Defendants appeared but failed to file written statement - Ex parte decree against defendant - Setting aside of - Held, if in the suit in which defendants appear but failed to file written statement, however plaintiff had filed evidence either on affidavit or otherwise, then..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 20-- Exparte decree - Setting aside - Summons not duly served - Report of refusal - Not attested by an independent witness - Process server was told that defendants had gone to his workshop - Does not amount to refusal - No justification to order substituted service - Order setting aside ex parte..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13-- Inseparable ex parte decree - Setting aside of - Power of Court - Scope - Held, if there are many defendants in a suit and ex parte decree is passed against all of them and if the decree is inseparable in its scope, it can be set aside vis-a-vis all defendants, in an application filed U.O.9.R.13..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 37, Rule 3(4), Civil Procedure Code, 1908, Order 9, Rule 13-- Summary suit - Ex parte decree - Setting aside of - Summons for judgment in Form 4A in Appendix B was not served on counsel for defendant as contemplated U.O.37.R.3(4) - Court below had posted the case only after 4 days after defendants entered appearance and passed an ex parte decree - Held,..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Limitation - 30 days - Starting point of limitation - In a case where defendants appears but was proceedings ex parte, the limitation of 30 days starts to run from the date he was proceeded ex parte - However, in a case where summons were not served, limitation..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Some of the defendants preferred an appeal upto the Supreme Court - Application to set aside ex parte decree at the instance of some of the legal heirs of deceased defendant who were not brought on record is not maintainable as estate of deceased defendant was..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Report of `refusal' on summons - Court ordered service of summons through publication in newspaper - Newspaper not having wide circulation in the area where defendants reside - Substituted service through publication can be accepted only when it is proved that..........
JHARKHAND HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10-- Ex parte decree - Setting aside of - Written statement not filed by defendants - Ex-parte decree granted in favour of plaintiff - Application for setting aside ex-parte decree - Maintainability of - Held, a decree passed U.O.8.R.10 CPC is an ex parte decree and for setting it aside an application..........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13-- Execution of ex-parte money decree - Defendant moved application U.O.9.R.13 CPC which was dismissed - Contemporaneously, defendant also filed application U.O.21.R.26 CPC seeking stay of execution proceedings - Execution proceedings ordered to be stayed subject to defendant furnishing bank..........

Showing : 41-50 of 61 Results