Showing : 61-70 of 1380 Results

JHARKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex parte hearing - Setting aside - Death of defendant - Suit was set for ex parte hearing against LRs of deceased defendant, as they failed to file additional written statement - Though LRs have not taken steps in the matter, but they have offered plausible explanation for such default on their..........
JHARKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 4(2), Civil Procedure Code, 1908, Order 9, Rule 7-- Death of defendant - Ex parte hearing against LRs of deceased defendant - LRs failed to file additional written statement - Suit cannot be set for ex parte hearing against such LRs, as they may choose to adopt written statement filed by original defendant...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13-- Appeal - When an application U.O.9.R.13 CPC is dismissed, defendant can prefer appeal in terms of O.43.R.1 CPC - Once such an appeal is dismissed, appellant cannot raise the same contention in first appeal...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13-- Appeal u/s 96 CPC - Is maintainable against ex parte decree, notwithstanding dismissal of application U.O.9.R.13 CPC...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 145-- Ex parte decree - Set aside - Evidence recorded prior to setting aside ex parte decree is wiped out - Evidence recorded earlier can be used to confront said witnesses, as permissible u/s 145 Evidence Act, being previous statement of witnesses...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Restoration of restoration application dismissed in default - Decree holder should not have contested the application and could have given statement for restoration of the same subject to any terms and conditions - Application filed U.O.9.R.13 CPC ordered to be restored and two effective..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte divorce decree - Setting aside - Proceedings U.O.9.R.13 CPC are not rendered infructous for the mere fact that husband contracted a second marriage after passing of ex parte decree of divorce in his favour...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte divorce decree against wife - Setting aside - Divorce petition filed by husband during pregnancy of wife - Though notice was served upon wife, but due to her critical condition in pregnancy she was prevented from appearing in Court - Application for setting aside ex parte decree filed..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20(3), Civil Procedure Code, 1908, Section 27-- Ex parte decree - Setting aside - Service of summons on defendant without mentioning therein a specific day, date, year and time cannot be held as "summons duly served" on defendants within the meaning of O.9.R.13 CPC, as such summons and service effected pursuant thereto cannot be held to be in..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex pare decree - Setting aside - Defendant against whom ex parte decree is passed has two options: (i) to file appeal; (ii) to file an application U.O.9.R.13 CPC - Defendant can take recourse to both proceedings simultaneously - Right of appeal is not taken away by filing an application U.O.9.R.13..........

Showing : 61-70 of 1380 Results