Showing : 1101-1110 of 1256 Results

BOMBAY HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Exparte decree - There is no bar to simultaneously challenge an ex parte decree by filing application U.O.9.R.13 as well as by way of appeal - Sufficient cause for non appearance is to be shown for setting aside exparte decree but in appeal the decree on merits will have to be challenged -..........
ALLAHABAD HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Restoration application - Sufficient cause not made out for recalling order - Application dismissed - Revision against - Held, there is neither procedural error nor legal or jurisdictional error - Revision dismissed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13-- Exparte ejectment order -Petitioner not to be dispossessed in execution of exparte decree till final decision on application under order 9 rule 13 CPC...........
MADHYA PRADESH HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Provision of O.9.R.9 is usually interpreted liberally so that opportunity be given to the parties to contest the case on merits...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Suit dismissed for non prosecution - Petition filed after 25 days of the dismissal of the suit - Petitioner cannot be non suited only on the ground that the application was not filed on the next day of the dismissal of suit or immediately thereafter...........
KERALA HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 9, Rule 3-- Restoration of suit dismissed for default - It is not necessary to produce copy of the decree along with application for setting aside order of dismissal as no decree is contemplated to be drawn up in case of dismissal of suit for non appearance of plaintiff...........
SUPREME COURT OF INDIA
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Constitution of India, 1950, Article 136-- Exparte eviction order - Setting aside - Trial Court dismissed application in absence of proper explanation - Order upheld by High Court - Apex Court declined to interfere under Art.136...........
ALLAHABAD HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside -When appeal against exparte decree is dismissed as not maintainable the application for setting aside exparte decree U.O.9.R.13 CPC is to be decided on merits and not on ground of non maintainability on doctrine of merger...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Exparte decree - Setting aside - Delay - Delay can be condoned even without filing separate application for condonation of delay, if delay is otherwise explained in the affidavit filed in support of application made to set aside the exparte decree...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Petitioner a rustic villager and an illiterate person residing in a remote village - Reasons for absence stated that his Advocate told him to come to Court only on receipt of a letter from him to give evidence and that no letter was received by him - Sufficient..........

Showing : 1101-1110 of 1256 Results