Showing : 31-40 of 1380 Results

GAUHATI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Suit for specific performance - In the absence of any evidence, bald insinuations made by appellants and their predecessor-i, interest against previous advocate does not constitute a ground to vacate ex-parte decree...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Service of summons - Summons duly served - Burden is on defendant to prove that summons in fact does not contain his signature or that it bears his forged signatures - It was the burden of defendant to lead positive evidence to prove that summon does not bear his..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13-- Exparte decree - Setting aside at the instance of a person not party to the suit - Application U.O.9.R.13 CPC at the instance of such a person is not maintainable - However, decree obtained by fraud can be set aside at the instance of such a person u/s 151 CPC...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9-- Restoration of eviction petition, dismissed in default - Landlord an old man of 79 years suffering from various ailments, was not residing at Shimla during winter season - Therefore he had no occasion to have come to know about the order passed in the rent petition - Delay as occurred stand..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c)-- Rent petition - Dismissal in default - Restoration - Appeal against order dismissing application U.O.9.R.9 CPC - Such appeal is maintainable as per scheme of CPC, until otherwise specified by Government by way of issuance of an appropriate notification...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for recovery of Rs.63.41 lakhs - As per direction of Supreme Court defendant deposited a sum of Rs.70 lakhs - Defendant has shown his bona fide by depositing said amount - Without going into merits of case, with a view to afford an opportunity of hearing to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Separate suit for declaration that ex parte decree is result of fraud - A small irregularity in the report of process server would not make the judgment and decree fraudulent particularly when party to the suit was not proceeded against ex parte on the aforesaid report...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Aggrieved has four options : (a) to file an application U.O.9.R.13 CPC for setting aside ex-parte decree; (b) to challenge decree on merits by filing an appeal; (c) to file a separate suit on the ground that previous decree was the result of fraud (d) to file an application for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Separate suit is maintainable to challenge ex parte decree - However, same can only be allowed if Court comes to conclusion that previous ex parte decree was result of fraud...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13, 15-- Ex parte decree of divorce - Remarriage during pendency of application to set aside ex parte decree - Remarriage of spouse who obtained ex-parte decree of divorce will not render application for setting aside ex-parte decree infructuous - Remarriage of spouse is not a relevant factor to be taken..........

Showing : 31-40 of 1380 Results