Showing : 21-30 of 52 Results

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 -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Article 135, Order 21, Rule 1, Civil Procedure Code, 1908, Article 135, Order 9, Rule 13-- Execution - Ex parte decree - Application filed U.O.9.R.13 CPC to set aside ex parte decree - D.H. restrained from proceeding with the execution during the pendency of the application U.O.9.R.13 CPC - Application U.O.9.R.13 CPC dismissed - Appeal arising out thereof dismissed by Supreme Court -..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Land Revenue Act, 1887, Section 20, 21, 22-- Exparte decree - Setting side - Suit for partition - Defendant residing in USA for the last more than 25 years - Defendant was never served with any notice although plaintiff had full knowledge of his correct address - Application U.O.9.R.13 CPC to set aside exparte decree - Principles of natural..........
KERALA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 37, Rule 3, 4, Civil Procedure Code, 1908, Order 9, Rule 13-- Summary suit - Exparte decree after filing of written statement - Remedy is to apply to set aside exparte decree U.O.9.R.13 and not U.O.37.R.4 CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Observation in order sheet that registered notice was refused by defendant - However the notation on envelope washed away - What was the notation unknown to Court at the time of deciding application U.O.9.R.13 CPC - In such a situation, the person who delivered..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 6, 13, Civil Procedure Code, 1908, Order 8, Rule 5, 10-- Defendant sought adjournments from time to time to file written statement - Defendant thereafter failed to appear - Proceeded ex parte - On the adjourned date Court can proceed to decide suit ex parte after recording the plaintiff's evidence - Such judgment and decree is a decree passed under..........
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..........
GAUHATI HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 144, Order 9, Rule 13-- Restitution - Exparte decree set aside under Order 9 Rule 13 CPC - Benefit of restitution under Section 144 is available - Proceeding under Order 9 Rule 13 CPC is `the other proceeding' within the meaning of Section 144 of the Code...........

Showing : 21-30 of 52 Results