Showing : 41-50 of 1041 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Practice and procedure-- Ex parte judgment - Where defendant is set ex parte, judgment shall reflect facts of case and controversy involved and tried to be settled by Court...........
KERALA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(iii)-- Ex parte divorce decree - Mental disorder of wife - Husband did not adduce any medical evidence to prove that wife was suffering from any mental disorder - Even, impugned judgment does not contain a single sentence regarding reason for granting a decree of divorce - Trial Court has only stated..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 4-- Ex parte ad interim injunction - Vacation of - Plaintiff nowhere shown to be in possession of any portion of suit property much less exclusive possession of property - No doubt, plaintiff relies on a conveyance deed and mutation of property, however, it is not apparent how he could have claimed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex parte proceedings - Dismissal of application to set aside ex parte proceedings - Defendant has right to participate in the proceedings to cross examine the plaintiff or his witnesses and if necessary to lead evidence in rebuttal...........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13-- Exparte order - Setting aside - Tribunal rejected application of petitioner on ground that despite knowledge of case pending against him he has gone to work at place `M' - Reason given by Tribunal is not justified as petitioner failed to contest proceedings before Tribunal due to communal clashes..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Transposition of plaintiff Nos.3 & 4 as defendants - Necessary party - Plaintiff has every right to array petitioner-transposed defendants as defendants, particularly when they were taking side of defendant and took U-turn by withdrawing suit on their part which was filed collectively along with..........
KERALA HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Order 9, Rule 13-- Appeal - Order allowing or dismissing application for setting aside ex parte decree is not interlocutory order within ambit of S.19(1) of the Act and thus, it is appealable...........
KERALA HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 19-- Interlocutory order - Revival of suit or main proceedings is effect or consequence of order allowing application for setting aside ex parte decree - It is not sufficient to clothe such order with characteristics of interlocutory order...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Proceedings in application for setting aside ex parte decree is to be treated as independent, separate and distinct proceedings from original or main proceedings - Decision in such application either allowing or dismissing finally terminates proceedings in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Article 137-- Ex parte proceedings - Setting aside - Limitation - No period of limitation is prescribed for setting aside ex parte proceedings - When no limitation is prescribed then it is Art.137 which applies and limitation for an application U.O.9.R.7 CPC is three years from the date of accrual of cause of..........

Showing : 41-50 of 1041 Results