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Results of ex parte decree

Showing : 91-100 of 653 Results

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Report of process server shows that defendant refused to take summons and only one witness has signed on report - However, there is no date and time mentioned by process server on the said report - Signature of two independent witnesses should have been taken on report as..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 22, Rule 4 -- Ex parte decree - Setting aside - Death of sole defendant during pendency of suit - Notice of application U.O.22.R.4 served on L.R's but they did not appear - Court instead of adopting the correct procedure to accept the application U.O.22.R.4 CPC, take the legal representatives..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Limitation Act, 1963, Section 5 -- Condonation of delay in filing appeal against ex parte decree - Delay of 36 days - Defendant mentioned the delay of 17 days in place of 36 days in filing appeal which defendant admitted was a clerical omission - Court is always liberal so as to advance substantial case of justice instead of dismissing case on technical ground -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex-parte decree - Setting aside - Summons not served - Publication of notice in newspaper - Defendant on account of militancy shifted from Srinagar to Jammu - In these circumstances, even if he had some vague knowledge that summons were sent to his address at Srinagar, it cannot..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Mere fact that ex parte decree has been executed does not disentitle the defendant from applying U.O.9.R.13 CPC to get the same set aside...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Effect of - Court wrongly proceeded ex parte against defendant, as she was not served - Ex parte decree when set aside, would cease to exist and become no, est and it is no decree in the eyes of law - Decree passed by trial Court afresh on merits should be treated as decree of first Court...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Effect of - Parties are restored to the position existing prior to the date the order proceeding against defendant ex parte was passed...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Pre-emption Act, 1913, Section 15 -- Ex parte decree - Setting aside - Suit for possession on the basis of right of pre-emption granted to a co-sharer - Plaintiff's right of pre-emption stood extinguished by virtue of amendment to the Act, at the date when fresh decree by Court of first instance after setting aside ex..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Complainants have purchased plots in year 2010 and possession was delivered and when letter of possession was issued, complainants were not allowed to construct their houses/residences - Complainants came to know that ex-parte decree regarding said land is passed in favour of someone else before purchasing of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Mere filing of memo of appearance which is valid only for one date, service on defendant cannot be assumed...........

Showing : 91-100 of 653 Results