Showing : 1-10 of 637 Results

ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13- - Ex parte decree - Setting aside - Appeal against an ex-parte decree dismissed - No direction issued by Appellate Court directing plaintiff to avail remedy of an application U.O.9.R.13 CPC - Remedy of an application U.O.9.R.13 CPC is thus, clearly barred by O.9.R.13 Proviso CPC...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Two remedies available to defendant are, First to file an application U.O.9.R.13 CPC to set aside ex parte decree and second to file an appeal u/s 96(2) CPC...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13-- Ex parte decree - In case defendant files an appeal against ex parte decree and appeal is dismissed then defendant cannot file an application U.O.9.R.13 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13-- Ex parte decree - Appeal against - Right to appeal is a statutory right - Defendant cannot be deprived of the statutory remedy merely on the ground that application filed U.O.9.R.13 CPC was earlier dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 96(2), Limitation Act, 1963, Section 5-- First appeal against ex parte decree - Condonation of delay of 546 days - Earlier there was delay of 276 days in filing application U.O.9.R.13 CPC - Pursuing application U.O.9.R.13 CPC has caused further delay of 270 days - Defendant shown his bona fide by depositing Rs.25 lakhs in compliance of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 92(1)-- Execution - Auction sale - Confirmation of sale - Sale not to be confirmed pending disposal of any objection - Pendency of application to set aside ex parte decree partakes the nature of an objection - Sale not to be confirmed pending final disposal of application to set aside ex parte decree...........
GUJARAT HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13-- Divorce - Petition by husband - Husband re-married after getting ex parte decree and first child begotten from said marriage - Marriage between parties irretrievably broken down - It is thus, appropriate to end the relationship between husband and wife and dissolve their marriage - However, since..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13-- Ex parte divorce decree against wife - Appeal thereagainst - Counsel of husband directed to secure the presence of husband - Counsel of husband stated that he could not get in touch with him - Entire proceedings before Family Court orchestrated in such a way to defeat legitimate right of wife and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13-- Death of defendant during pendency of application to set aside ex parte decree - Property alienated during pendency of application to set aside ex parte decree - Impleadment of transferee pendente lite - High Court allowed impleadment of transferee pendente lite on the ground that heirs of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte divorce decree - Setting aside - Procedure as envisaged under High Court Rules and Orders was not followed - Impugned order ordering party to proceeded against ex parte was taken in undue haste - Service by affixation as provided in O.5.R.17 CPC was not followed in the case - Matter..........

Showing : 1-10 of 637 Results