Showing : 461-470 of 1239 Results

KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13-- Appeal against ex parte decree - Appellant can challenge not only the correctness of the order passed by trial Court setting him ex parte, but also legality and sustainability of decree on its merits - If appeal against ex parte decree is dismissed, he cannot proceed with application U.O.9.R.13..........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Remedies available U.O.9.R.13 and S.96 are concurrent - Defendant who was proceeded ex parte decree can choose either of the two remedies or he can have recourse to both proceedings simultaneously...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 8, Limitation Act, 1963, Section 5-- Appeal dismissed in default - Application for restoration of appeal filed after about 2 years, which was dismissed - Petitioner an illiterate villager, who was never informed by his counsel about dismissal of appeal in default - Held, petitioner cannot be made to suffer due to inaction on the part..........
GUJARAT HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 115, Order 9, Rule 4, Motor Vehicles Act, 1988, Section 68-- Rr.213, 229 -- Motor Accident Claim Petitions - Gujarat Motor Vehicles Rules 1989, - Order passed on restoration application - Revision thereagainst - Maintainability - Held, there is no separate Procedural Law made applicable to conduct the Motor Accident Claim Petitions - Application for..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 6-- Setting aside exparte order - Application to set aside ex parte order filed on the same day - Rejected on the ground that application was filed after orders had been passed - Not a ground for rejecting the application - There is no finding that cause shown for moving the application for..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Restoration - Counsel taking responsibility on his personal conduct - Counsel was suffering from blood pressure and heart ailment and suddenly he went home - Client, who is sitting far away may not be punished for the conduct of the counsel - Petition restored to its original number...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte eviction order set aside - Whether relationship of landlord and tenant came to an end once an order of ex parte eviction order was passed and whether tenant is liable to pay mesne profits? - Held, no - Relationship of landlord and tenant never came to end as the ejectment order has not..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Civil Procedure Code, 1908, Section , Order 9, Rule 13-- Ejectment petition against tenant (State of Haryana) - Tenant cared not to appear and contest petition, despite service of summons - Ex parte eviction order passed - Objection filed by tenant in execution application brought by landlord - Tenant also filed application U.O.9.R.13 CPC for setting..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Restoration of suit dismissed in default - All interim orders passed get revived on restoration of suit...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Ex parte decree to be set aside if party satisfies Court that summons had not been duly served or he was prevented by sufficient cause from appearing when the suit was called on for hearing - However, the court shall not set aside the said decree on mere..........

Showing : 461-470 of 1239 Results