Showing : 11-20 of 48 Results

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..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 37, Rule 3(4), Civil Procedure Code, 1908, Order 9, Rule 13-- Summary suit - Ex parte decree - Setting aside of - Summons for judgment in Form 4A in Appendix B was not served on counsel for defendant as contemplated U.O.37.R.3(4) - Court below had posted the case only after 4 days after defendants entered appearance and passed an ex parte decree - Held,..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 8, Rule 10-- Ex parte decree - Setting aside of - Written statement not filed - Ex-parte decree granted - Application filed U.O.9.R.13 for setting aside ex parte decree - Held, a decree passed for defendant's default in filing written statement is an ex parte decree which duly comes within the ambit of..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 3, Civil Procedure Code, 1908, Section , Order 17, Rule 2, 3-- Evidence closed by order when no evidence was led inspite of repeated adjournments and decree granted - Application U.O.9.R.13 to set aside judgment and decree - Application dismissed by holding that application U.O.9.R.13 CPC is not maintainable and only remedy available is to file appeal -..........

Showing : 11-20 of 48 Results