Showing : 1-10 of 19 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex parte proceedings - Setting aside - Defendant No.4 refused to accept summons and therefore served by affixing of summons at his residence - Delay of 13 years in not moving application U.O.9.R.7 CPC and admitted relationship of defendant No.4 with defendant No.2, who was served summon in 2005..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Article 137-- Ex parte proceedings - Setting aside - Limitation - No period of limitation is prescribed for setting aside ex parte proceedings - When no limitation is prescribed then it is Art.137 which applies and limitation for an application U.O.9.R.7 CPC is three years from the date of accrual of cause of..........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex parte order - Setting aside - Divorce proceedings - Husband was suffering from spinal cord dysfunction - Fact that he was under treatment is not disputed - Trial Court failed to consider that ground shown for absence of husband was sufficient, however, rejected the petition for setting aside ex..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 5(i), 11, Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 43, Rule 1A-- Setting aside ex-parte proceedings - Marriage declared null and void - Ex-parte proceedings initiated against wife - Wife moved an application for setting aside proceedings prior to ex-parte proceedings culminating into ex-parte decree - Instead of permitting her to participate in further..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex parte order - Setting aside - Application U.O.9.R.7 CPC can be entertained only if hearing is adjourned - Such an application cannot be entertained after conclusion of arguments and when only judgment remains to be pronounced...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for declaration and permanent injunction against 102 defendants - Admittedly there is no addresses of defendants separately furnished and no summons to any registered address of defendants issued or obtained - There was not even any service of notice -..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex-parte proceedings - Setting aside - Case fixed for appearance of other defendant and filing his written statement - Defendant proceeded ex parte is not even required to file any application U.O.9.R.7 CPC - Defendant proceeded ex parte can appear on next date of hearing and can file his written..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex parte order - Setting aside - Non-filing of written statement within 30 days - Wrong noting of date - Service on defendants duly effected but written statement not filed within period of 30 days - No application seeking extension of time to file written statement filed - Even if it is treated..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13, 7-- Ex parte decree - Appeal there against - Appellate Court committed no error by refusing to examine the validity of ex-parte order but examined the validity of judgment passed by Trial Court - Concurrent findings of Courts below rightly found to be in favour of plaintiff - First Appellate Court..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex parte order - Setting aside - Application U.O.9.R.7 CPC is not maintainable when filed after closure of evidence when case is posted for judgment...........

Showing : 1-10 of 19 Results