Showing : 71-80 of 113 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Defendant has more than one remedy - He can file an application for setting aside the ex parte decree or he can file a suit stating that service of notice was fraudulently suppressed or can prefer an appeal and file an application for review...........
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..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 1, Rule 8, 10-- Addition of a party - Representative suit - Addition of a party by executing Court - Village pathway subject matter of suit - Suit filed on the premise that it is the personal property of the plaintiff - Those who use the pathway or at least have lands adjacent thereto should ordinarily be..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 11-- Appellant was litigating on the basis of title acquired by her from `K' - Exparte decree passed against `K' in a former suit - Appellant not party in the former suit - By virtue of the ex parte decree passed in the former suit, the subsequent suit filed by the appellant is hit by resjudicata...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 11-- Exparte decree - Res judicata - Exparte decree is as good and effective as a decree passed after contest - Exparte decree operates as res judicata unless the party challenging the decree satisfies Court that ex parte decree was obtained by fraud...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Setting aside exparte decree - Application for recording a decree under O 12, R 6 - Defendant proceeded ex-parte - Ex-parte judgment and decree on admission of sum of Rs. 37, 24, 478/- passed - Application for setting aside ex-parte decree - Allowed by Trial Court with a condition to furnish..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ex-parte ad-interim injunction - Status quo - Suit for declaration of status as tenant and perpetual injunction restraining owners from interfering in peaceful possession - Application under O 39 R 1 & 2 - Trial Court refused ad-intrim injuction - Addl. Disst. Judge directed the parties to..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Eviction petition - Tenant not appearing despite service of summons by registered post and through process server - Tenant proceeded exparte and exparte eviction order passed - Application to set aside ex parte order dismissed and tenant did not file any appeal - High Court in such a situation..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d)-- Exparte decree - Two options are available - One to file appeal and second to file application U.O.9.R.13 - If appeal is dismissed then application U.O.9.R.13 is not maintainable but not the vice versa - On dismissal of application U.O.9.R.13 remedy of appeal U.O.43.R.1 is available - In case of..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Criminal Procedure Code, 1973, Section 378(4)-- Appeal against acquittal - Leave to appeal - Hearing of accused before granting leave - Once Court decides to hear accused before granting leave to appeal then it is not open to Court to grant leave to appeal ex parte without hearing the accused...........

Showing : 71-80 of 113 Results