Showing : 331-340 of 1250 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Delay - Non appearance of Advocate, his failure to communicate that defendant is proceeded against ex parte and defendant's lack of knowledge of ex parte judgment - Can be treated as sufficient cause for condoning the delay and setting aside the ex parte decree...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13- - Ex parte decree - Setting aside - Second Proviso is mandatory in nature - Court not to set aside decree on mere irregularity in service of summons or in case, where defendant had notice of the date as sufficient time was there to appear in the Court - Court not to allow the application in utter..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Ex parte decree can be set aside when there is sufficient cause for non appearance of the defendant - Sufficient cause means "adequate or enough" - Sufficient cause means that party had not acted in a negligent manner or there was bona fide on its part in view of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aide - Conduct of petitioners is that they were assured by their lawyer that they would be informed about the outcome of the case but actually they were not informed - When this fact came to the knowledge of the petitioners immediately, an application was moved for..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Refusal to accept summons in the presence of two witnesses and both the witnesses filed affidavits stating that process server never attempted to serve summons in their presence - In the endorsement of refusal on registered envelope there were cutting and..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Merit of suit cannot be decided in restoration application - Allegation etc. may prima facie be seen only with a view to decide the restoration application...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Defendant who was proceeded ex parte joining proceedings - Once the defendant joins the proceedings he is entitled to an opportunity to lead evidence - Order denying opportunity to defendant to lead evidence set aside - Trial Court directed to give an opportunity to the defendant to lead evidence...........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Refusal to set aside ex parte decree - Order is revisable u/s 115 CPC - Writ petition under Art.227 Constitution of India, is not maintainable...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Application to set aside ex parte decree is not maintainable once appeal preferred against the decree is dismissed and becomes final between the parties - Entire proceedings seeking restraighten of suit proceedings and for setting aside ex parte decree is without..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Issues not framed - Ex parte judgment and decree not suffering from any infirmity merely because issues were not framed when both the defendants were proceeded ex parte...........

Showing : 331-340 of 1250 Results