Showing : 11-20 of 52 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Non-service of summons - Order refusing to grant opportunity to lead evidence by defendant in support of said application - Report of refusal made by Postman is not absolute and it is rebuttable - Evidence can be led by defendant to show that report was falsely..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 28, Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree passed under Hindu Marriage Act - Application U.O.9.R.13 CPC to set aside ex parte decree is maintainable - A party aggrieved by an ex parte judgment and decree may either file an application U.O.9.R.13 CPC or an appeal...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Appeal - Divorce petition - Once it is shown that applicant has no knowledge of the proceedings and not served with summons in filing application within one month from date of knowledge as per Art.123 of Limitation Act as substituted service is no proper service,..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree of divorce - Setting aside - Wife sent a letter to Family Court at place `J' expressing that she was unable to travel upto place `J' and to defend proceedings there - She was also making efforts to approach Supreme Court by filing a petition for transfer of case - No finding..........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 1, Rule 8-- Ex parte decree - Setting aside - A person who is not eo-nominee a party to a representative suit but who would be bound by decree, can maintain an application U.O.9.R.13 CPC to set aside ex parte decree...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - It is not necessary for a person to first apply U.O.9.R.13 CPC for setting aside ex parte decree - He has both options either to file an appeal or review or an application for setting aside ex-parte decree - It is open to defendant who filed an appeal against..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Delay satisfactorily explained - Order dismissing delay condonation application set aside - Trial Court to decide application U.O.9.R.13 CPC expeditiously in accordance with law...........
DELHI HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Service of summons admitted - Assurance given by one defendant to the other defendant that he will be duly represented - Not a ground to set aside ex parte decree when defendant proceeded ex parte was aware of the proceedings and he neither took any pains to..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13, 6-- Ex parte decree - Defendants appeared but failed to file written statement - Ex parte decree against defendant - Setting aside of - Held, if in the suit in which defendants appear but failed to file written statement, however plaintiff had filed evidence either on affidavit or otherwise, then..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13-- Inseparable ex parte decree - Setting aside of - Power of Court - Scope - Held, if there are many defendants in a suit and ex parte decree is passed against all of them and if the decree is inseparable in its scope, it can be set aside vis-a-vis all defendants, in an application filed U.O.9.R.13..........

Showing : 11-20 of 52 Results