Showing : 81-90 of 1380 Results

ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Eviction petition - Omission on the part of tenant or his counsel to know next date fixed in the case clearly appears to willful in nature - Record reveals that counsel of tenant present on the date fixed for hearing - But no such challenge regarding presence of..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex parte order - Setting aside - Ex parte order passed on 22.11.2011 - Petitioner filed an application I.A.No.71 of 2015 - Delay by itself not a ground to set aside ex parte order - Ex parte order set aside...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 3, 4-- Restoration of suit - Suit dismissed in default U.O.9.R.3 - Both parties absent - No notice had been sent to counsel or parties with respect to change of date - Case of plaintiffs is that they wrongly noted date and then moved an application for restoration within 1 month of date they had noted -..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Explanation provided by defendant for his absence is that he was ill - Plaintiffs in their counter affidavit not disputed illness of defendant - Ex parte decree set aside...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Irregularity in service - If defendant knew of the proceedings and yet choose not to appear, then mere irregularity in service does not make ground for setting aside ex parte judgment and decree...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Suit for recovery - Defendant got Court record inspected through advocate after passing of ex-parte decree and filed application U.O.9.R.13 CPC after 1-1/2 year without being accompanied by application for condonation of delay - Moreover, defendant entered into..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Set aside subject to payment of costs - Costs accepted without protest and no right reserved - Plaintiff is debarred from challenging the order setting aside ex parte decree...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13-- Setting aside ex-parte decree - Divorce decree - Non service of summons - Husband has not disputed the fact that it is the official address of the father of wife, where summons been served - On mere production of postal receipt, trial Court proceeded ex-parte against wife without verifying the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Setting aside, ex-parte proceedings - When Court adjourns hearing of suit ex-parte, and defendant at or before such hearing appears and assigns good cause for his previous no, appearance, he may, upon any terms and conditions imposed by Court, be heard in answer to the suit as if he had appeared..........
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..........

Showing : 81-90 of 1380 Results