Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Ex parte decree - First Appellate Court has not reversed the decree on merit and simply held that trial Court has wrongly proceeded ex parte against defendants - First Appellate Court ought to have considered appeal on merit and in case appellate Court finds it to be a fit case for reversal then only it can remand..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Appeal - Ex parte decree - Setting aside - Defendant has a right to avail statutory remedy of appeal u/s 96 CPC in either case of non-filing of application U.O.9.R.13 CPC or after filing and rejection of same, but vice versa is not permissible...........
Civil Procedure Code, 1908, Order 21, Rule 106 -- Execution - Auction sale - Ex parte order - Setting aside - Summon sent to JD's address was returned with remark that he was not residing at that old address - Summon has not been duly served upon JD - When there was no effective service on JD, Execution Court ought to have been issued a fresh notice rather than ordering..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Longer date - If longer date is fixed for disposal of an application for injunction, it frustrate the main object of it - Purpose of incorporating provision for temporary injunction is not only to protect and preserve the status of the property, but also to protect the rights pending final..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Equitable relief cannot be refused on the ground of delay as cause of action arose on 24.07.2019 and suit filed on 14.08.2019 - Manner in which prayer for ex parte ad interim order injunction is refused not approved - Impugned order set aside - Trial Court directed to prepone next date, if..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 547 days in filing petition to set aside ex parte decree - False ground set up to condone delay of 547 days in filing petition to set aside ex parte decree - There is no sufficient cause to condone delay as sought for -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 119 days - Plea that summons were served but same mingled with other papers due to which defendant could not appear in the case - During pendency of execution proceedings, substantial amount paid - Delay condoned - Ex parte decree set..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Non appearance due to serious illness - Non production of medical certificate - Not sufficient to hold that he was not ill, particularly when he was a man of 70 years old and expired during proceedings initiated U.O.9.R.13 CPC - Ex parte decree rightly set aside...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Defendant cannot be stopped from participating in proceedings simply because he did not appear in first or some other hearing - He will have to show good cause for previous absence, only if he desires to be relegated back to position in which he would have been put if he had appeared at previous hearing...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte proceedings - Defendants were never served any notice of pendency of suit before 29.8.2014 - On 29.8.2014 only a date was fixed to proceed ex parte and thereafter evidence of plaintiffs was taken on affidavit and matter fixed for ex parte judgment - Defendants even stated that if they are allowed to..........
