Showing : 81-90 of 1041 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17-- Ex parte decree - Setting aside - Substituted service - Breach of provision of O.5.R.17 CPC as report of bailiff not indicating that summons were affixed on a conspicuous part of the house, at the address mentioned in the summons - Besides that, order of Court does not indicate due application of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex pare decree - Setting aside - Defendant against whom ex parte decree is passed has two options: (i) to file appeal; (ii) to file an application U.O.9.R.13 CPC - Defendant can take recourse to both proceedings simultaneously - Right of appeal is not taken away by filing an application U.O.9.R.13..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Ex parte decree - Setting aside - Publication of notice in a newspaper other than the one in which citation had to be published - Newspaper in which citation was published was published in Agra and had circulation in Agra - Merely on this ground ex parte divorce decree cannot be set aside...........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex parte order - Setting aside - Divorce proceedings - Husband was suffering from spinal cord dysfunction - Fact that he was under treatment is not disputed - Trial Court failed to consider that ground shown for absence of husband was sufficient, however, rejected the petition for setting aside ex..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte divorce decree - Wife got her dues and not cooperating - Impugned order setting aside ex parte decree set aside...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 23, 23A-- Remand for de novo trial - Suit for specific performance - Ex parte decree passed against all defendants/original owners and subsequent purchasers - Ex parte decree set aside at instance of defendants 3 & 4 - Fresh notice not sent to defendants No.1 & 2 - Defendants No.1 & 2 were entitled for a..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5, Article 123-- Ex-parte decree - Setting aside - Condonation of delay - Limitation would reckon from date when ex-parte decree is passed by Court and not from date of knowledge of ex-parte decree - If the delay is explained to the extent that applicant was unaware of happenings in suit, Court should consider the..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 8-- Representative suit - Leave to sue - Before grant of leave, ex parte interim injunction granted and Local Commissioner appointed - Enquiry in the suit can only be taken up after leave is granted - Order granting ex parte injunction and appointment of advocate commissioner set aside being..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Delay of 103 days in filling application - Petitioner suffered from disease and was advised by doctor to take bed rest - Statement not controverted or denied specifically by opposite party - Court must apply doctrine of no, traverse and a pragmatic and liberal..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96-- Condonation of delay - Delay of 1825 days in filing appeal against ex parte decree - Defendant already exhausted remedy U.O.9.R.13 CPC - Appeal against ex parte decree filed after 5 years from dismissal of application U.O.9.R.13 CPC - Defendant can file an application U.O.9.R.13 CPC and a regular..........

Showing : 81-90 of 1041 Results