Showing : 91-100 of 1380 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Ex parte decree - Setting aside - When an application U.O.9.R.13 CPC is invoked, defendant can also invoke remedy u/s 96 of the CPC and that invocation of one would not be, in any manner, contrary or exclusive to the other...........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Ex parte decree - Remedy of application U.O.9.R.13 CPC and S.96 CPC are not mutually exclusive - They are virtually concurrent in their field of operation...........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Ex parte decree - Remedy of application U.O.9.R.13 CPC and S.96 CPC - When O.9.R.13 CPC provides that a decree can be set aside for reason that defendant was prevented by sufficient cause from appearing on date when case was called whereas u/s 96 CPC, he would obtain the right to assail decree..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Ex parte decree - Remedy of application U.O.9.R.13 CPC and S.96 CPC - It would be in prudence or at least ex abundanti cautela that defendant also files an appeal within period of limitation and then wait and watch as to what happens to his application U.O.9.R.13 CPC...........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Ex parte decree - Remedy of application U.O.9.R.13 CPC and S.96 CPC - If a party chooses to file an application U.O.9.R.13 CPC before Sub Court to set aside decree, he would also be required to consider it to file an appeal simultaneously to avoid delay in filing appeal before District Court...........
KERALA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Condonation of delay - Delay of 1433 days in filing appeal against ex parte decree - Defendants elected to prosecute and proceed only with application U.O.9.R.13 CPC, but not with the remedy of appeal u/s 96 CPC - They filed appeal after a fairly long period of time nearly 1433 days - Only..........
PATNA HIGH COURT
Year of decision: 2017
Details
Family Courts Act, 1984, Section 10, 19, Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 8-- Divorce - Dismissal in default - Restoration - Application U.O.9.R.8 CPC for restoration of suit is maintainable - An appeal u/s 19(1) of Family Courts Act is also maintainable as it also come within the purview of judgment or order...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Service of summons by Munadi and registered post - A satisfaction has to be recorded by trial Court before resorting to substituted service that defendant cannot be served by means of ordinary post - No such satisfaction was recorded and straightaway process of..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Service of summons - Where service of summons is doubtful, trial Court should have called the process server and should have taken his affidavit regarding service of summons upon defendant...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Service of summons - Report of process server shows that defendant refused to take summons and only one witness has signed on report - However, there is no date and time mentioned by process server on the said report - Signature of two independent witnesses should..........

Showing : 91-100 of 1380 Results