Showing : 331-340 of 1229 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17-- Ex parte decree - Setting aside - Refusal to receive summons - If there is Court endorsement that a party had refused to receive the summon even then, there is no presumption of the correctness of the refusal unless bailiff himself had been examined in Court to speak about the fact of refusal by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Application initiated at the instance of one defendant - Ex parte decree set aside against all the defendants - Court is not required to serve notice to unserved defendants or defendants who had not approached for notice again...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Contract Act, 1872, Section 128-- Ex parte decree - Set aside against principal debtor - Court ought to restore the suit so far as surety is concerned as liability of surety is co-extensive with that of the principal debtor...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 2, Civil Procedure Code, 1908, Order 5, Rule 17, Civil Procedure Code, 1908, Order 5, Rule 20-- Dismissal of suit - Non-service of summons - Order dismissing suit U.O.9.R.2 of CPC for not taking steps to furnish correct address of 1st defendant - 1st defendant was reported to have gone abroad and not residing at the address where summons had been taken - Notice was given to his father who..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 141, Order 9, Rule 13, 9, Limitation Act, 1963, Article 122-- Restoration of restoration application - Dismissal of application U.O.9.R.13 CPC for non appearance - Restoration application U.O.9.R.9 CPC is maintainable and limitation to file such an application is 30 days in view of S.141 CPC...........
KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Application U.O.9.R.13 CPC cannot be filed before trial Court once decree of trial Court merges in the decree of Appellate Court...........
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..........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 37, Rule 4- - Ex parte decree - Setting aside of - Held, it is settled law that ex-parte decree against defendant can only be set aside if he satisfies Court that summons had not been duly served or he was prevented by sufficient cause from appearing and further in addition, there existed special circumstance..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Consumer Protection Act, 1986, Section 12, 2, Civil Procedure Code, 1908, Order 9, Rule 7-- Consumer complaint - Notice issued but non appeared - Hence, proceeded ex parte - Nothing on record to suggest that notice issued was in fact served - Impugned order set aside - Matter remitted for decision as to whether notice issued was properly served and to decide the matter on merits...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 30, Rule 3, Civil Procedure Code, 1908, Order 21, Rule 50-- Ex parte decree - Setting aside - Partnership firm - Service of summons on defendant No.1 partner of the firm cannot be presumed to be service of summons on defendant No.2, who is sued in his individual capacity although allegedly being partner of the firm - Ex parte decree set aside against..........

Showing : 331-340 of 1229 Results