Showing : 21-25 of 25 Results

BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2-- Exparte decree - Setting aside - Defendant filed written statement and counter claim - Issues framed and plaintiff filed evidence affidavit - On subsequent date defendant and his counsel absent - Suit decreed - There was no order calling upon defendant to produce evidence - Decree passed is one..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 17, Rule 2-- Expln. - Court can exercise jurisdiction under Expln. to Rule 2 of Order 17 CPC only when evidence on record is sufficient to substantiate the absentee party's stand and for disposal of the suit - It is also imperative for the Court to record its satisfaction in that perspective - If the evidence..........
KARNATAKA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 17, Rule 2, 3, Civil Procedure Code, 1908, Order 9, Rule 13-- Defendant remaining absent and for him no evidence recorded - Suit decreed on basis of plaintiff's evidence only - Provisions of Rule 2 and not of Rule 3 of O.17 apply - Decree to be treated as ex parte decree and not decree on merits - Application U.O.9.R.13 for setting aside such decree is..........
MADRAS HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Order 17, Rule 2, 3, Civil Procedure Code, 1908, Order 9, Rule 13-- Suit posted for evidence - Counsel for defendant not present - Defendant, a widow having no legal knowledge hence not able to participate - Evidence closed and suit adjourned for judgment - Decree passed is ex parte decree under O.17.R.2 - Application to set aside filed U.O.9.R.13 is maintainable...........
KERALA HIGH COURT
Year of decision: 1991
Details
Civil Procedure Code, 1908, Order 17, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 9-- Plaintiff absent on date of hearing and no evidence adduced on his side upto the date of hearing - Suit dismissed - Dismissal order is one U.O.17 R.2 - Remedy is by way of an application U.O.9 R.9 to get the dismissal set aside - Appeal does not lie...........

Showing : 21-25 of 25 Results