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Results of ex parte decree

Showing : 201-210 of 653 Results

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Remedy against an ex parte decree has two options: (i) to file a regular appeal; (ii) to file an appeal for setting aside the order in terms of O.9.R.13 CPC - Both the proceedings are available simultaneously...........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Petitioner pleaded that he could not appear on the date of hearing for the reason that he was trying to settle the dispute outside the Court with respondent - Plea rejected as entire application is silent as to when negotiation commenced and the date on which it failed - It..........

HYDERABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of subsequent purchaser - Suit for specific performance - Vendor ex parte in the suit - Subsequent purchasers of suit property can be allowed to come on record, though they failed to explain the reason for filing the application belatedly as their legal rights in suit property would be affected in case decree..........

DELHI HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Conduct of appellants grossly negligent - Plea that Advocate had gone to Bihar to attend to his ailing brother who was suffering from cancer - Lack of proper details and supporting evidence - Does not inspire any confidence of Court - Held, there is no illegality, perversity or irrationality..........

DELHI HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree not to be set aside when sufficient cause is not shown and application is based on vague, evasive and false averments...........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 493 -- Offence u/s 493 IPC - Matrimonial ties between appellant and respondent will be deemed to have subsisted during the entire period under reference as ex-parte divorce decree obtained by respondent was set aside - When a lawful marriage indeed existed between parties, there is no question of deceit on part of respondent - Offence u/s..........

HYDERABAD HIGH COURT

Year of decision: 2015
Details

Limitation Act, 1963, Article 123 - - Limitation - Ex-parte decree - Setting aside - For the purpose of Art.123 Explanation of Act, substituted service U.O.5.R.20 CPC shall not be deemed to be a due service...........

HYDERABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Maintainability - Divorce petition - Despite re-marriage by the act of a party who obtained decree of divorce or annulment of marriage, other party's right and remedy to seek for setting aside ex-parte decree or to file appeal against the decree as per statutory provisions is in no..........

HYDERABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Divorce petition - Once it is shown that applicant has no knowledge of the proceedings and not served with summons in filing application within one month from date of knowledge as per Art.123 of Limitation Act as substituted service is no proper service, rejection of her application..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Death of sole defendant - LR's of deceased defendant were duly served but they did not enter appearance and were accordingly proceeded against ex-parte - Application for setting aside ex-parte decree moved by LR's within 5 days of suit being decreed ex parte - Each one of LR's was located..........

Showing : 201-210 of 653 Results