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Results of ex parte eviction setting aside

Showing : 1-10 of 17 Results

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Eviction petition - Omission on the part of tenant or his counsel to know next date fixed in the case clearly appears to willful in nature - Record reveals that counsel of tenant present on the date fixed for hearing - But no such challenge regarding presence of Counsel given in application..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Agreement to sell regarding suit property alleged to be executed between father of defendant no.1 and respondent at a point when eviction had already been ordered against tenant - Respondent is himself a doubtful entity, as he never surfaced either in a Court..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte order of eviction - Setting aside - Limitation - No limitation is prescribed for filing an application for setting aside ex parte eviction order as provisions of Limitation Act are not applicable to proceedings under the East..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex Parte decree - Setting aside - Service of summons served without copy of plaint - Service cannot be aid to be legal or a mere irregularity - Service of service not accompanied with copy of plaint is not due service - Order setting aside ex parte eviction order upheld...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 20 -- Ex parte eviction order - Setting aside - Service of summons by affixation on the outer door of house - Process server opined that doors were locked and he has affixed the summons on the outer door of the house - Petitioner failed to show sufficient reasons for setting aside..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte eviction order - Setting aside - Service of summons - Petitioner No.1 not found at spot and his father refused to accept summons on behalf of his son - Held, when petitioner No.1 was not found at spot, Court should have made another effort to effect service on petitioner No.1 so that lis between parties was decided..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, 15, Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction - Ex parte order - Setting aside - Petitioner filed instant revision petition u/Art.227 of Constitution of India whereas his remedy against ex parte order of eviction lies u/s.15 of the Act of 1973..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte order of eviction - Setting aside - Summons received back with report of refusal - Substitute mode of service adopted - Petitioner was duly served through Munadi and affixation for the date fixed - Non appeared - Order dismissing application, upheld...........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2011
Details

East Punjab Urban Rent Restriction Act, 1949, Section 15,15(1)(b) -- Eviction petition - Ex-parte order - Setting aside of - Appellate Authority dismissed application for setting aside ex-parte order being not maintainable - Held, order refusing to set aside ex-parte order of eviction is appealable before Appellate Authority as appointed under provision of Act...........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2011
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Civil Procedure Code, 1908, Section , Order 9, Rule 13 -- Ejectment petition against tenant (State of Haryana) - Tenant cared not to appear and contest petition, despite service of summons - Ex parte eviction order passed - Objection filed by tenant in execution application..........

Showing : 1-10 of 17 Results