Showing : 1-10 of 16 Results

ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 23, Rule 3-- Ex parte decree - Setting aside - Court while exercising power U.O.9.R.13 CPC is competent to invoke jurisdiction as provided in proviso to O.23.R.3 CPC and examine the validity of compromise...........
TRIPURA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Until and unless ex parte decree is set aside by a competent Court of jurisdiction in an appropriate proceeding, first appellate Court should not have disturbed or interfered with valuable rights of appellant which stood crystallized by ex parte decree without..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100, Order 41, Rule 5(3)-- Second appeal - Stay of execution of decree - Formulation of substantial question of law is an imperative to proceed with the appeal - Court cannot proceed unless condition precedent is satisfied - Solely because Court has jurisdiction to pass an ex parte order, it does not empower it not to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Court issued summons by way of ordinary process as well as through registered post - Ordinary summons not received back whereas summons through registered post received back with report of refusal - Postal employee made two efforts before making report of refusal..........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 3, Article 123- - Ex parte decree - Setting aside of - Limitation - Held, period of limitation for filing application U.O.9.R.13 CPC is to be reckoned from the date of knowledge of passing of ex-parte decree - Court has no jurisdiction to entertain such application after expiry of period of limitation of 30 days..........
ORISSA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte preliminary decree - Application for setting aside ex parte decree filed on 05.07.2008 and final decree was passed on 20.08.2009 - While final decree was passed, application for setting aside ex parte preliminary decree was pending - Held, it is perfectly within jurisdiction of court to..........
KERALA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Two options available are viz. defendant can seek setting aside ex parte decree or can challenge ex parte decree by filing an appeal - When an appeal is filed challenging the decree on its merits or on any other ground and the same when dismissed on any ground other than its..........
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: 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..........
CALCUTTA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Exparte decree - Setting aside - Delay - Condonation - Application to condone delay should be decided first - Court has no jurisdiction to go into the merits of the application U.O.9.R.13 without disposing of the application u/s 5 of the Limitation Act - Dismissal of applications for condonation..........

Showing : 1-10 of 16 Results