Showing : 41-50 of 53 Results

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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Punjab Land Revenue Act, 1887, Section 45, Civil Procedure Code, 1908, Order 9, Rule 7-- Ex-parte decree - Suit filed for possession - One of the defendants chose not to contest the suit and hence proceeded against ex-parte - Remaining defendants though filed written statement, but cared not to lead any evidence to substantiate the case set up in written statement - Held, that..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Exparte decree when passed against some of the defendants and it is necessary to set aside the entire decree, the Court is not powerless to do so...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Proviso - Scope - An ex parte decree is ordinarily to be set aside only as against the defendants against whom the decree has been ex parte and the suit is to be revived only qua the defendant who applied for setting aside the ex parte decree...........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Application U.O.9.R.7 CPC filed at the stage when suit was pending for pronouncing judgment - Change of Presiding Officer who fixed for hearing arguments - Defendants counsel could not appear due to illness - Cause pleaded for setting aside exparte order was good cause - Application filed within..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting side - Case transferred from High Court to Additional District Sessions Judge - Three out of four defendants represented by counsel who was given notice - Notice of transfer not given to fourth defendant - Ex parte decree passed against fourth defendant set aside - It is..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 8, Rule 5, 10, Civil Procedure Code, 1908, Order 9, Rule 1, 6(1)(a)-- Written statement - Failure to file - Court can pronounce judgment on the basis of facts disclosed in the plaint - Court can also proceed to hear the suit in terms of O.9.Rr.1 & 6(1)(a) - If Court exercises power U.O.8.Rr.5 or 10 or U.O.9 against some of the defendants, then Court to ascertain..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Necessary and proper parties - Suit for declaration - Decree and Will challanged - Defendants entered into an agreement to sell suit property and received huge amount - Absented from proceedings before trial Court - Ex-parte proceedings initiated - Vendee accrued interest in the suit property -..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 6, 7, 8, 9, 10, 11, 12, 13-- Failure of defendant or his Advocate to appear - Defendant to be proceeded ex parte and suit be adjourned for recording evidence of plaintiff - If on the adjourned date neither the defendants nor his Advocate appear, as contemplated by Rule 7, Court can proceed to pass a decree under Order 9 Rule..........

Showing : 41-50 of 53 Results