Showing : 31-40 of 54 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..........
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...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Separate suit to set aside ex parte decree - Not maintainable except when in the fresh suit a case of fraud or collusion is made out - Provision of O.9.R.13 CPC is an implied bar for the fresh suit...........
ORISSA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree granted in matrimonial proceedings can be set aside U.O.9.R.13 CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 115, Order 37, Rule 4, 3(4), Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree U.O. 37 - Setting aside - Merely a printed line in summons that affidavit as required to be filed U.O.37.R.3(4) stands filed is not sufficient whereas in fact no such affidavit is filed - Since there is no compliance with mandatory provision of Order 37.R.3(4) exparte decree set..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte temporary injunction - Application U.O.9.R.13 CPC to set aside exparte temporary injunction - Grant of ex parte temporary injunction is only an order and not a decree - O.9.R.13 CPC is not applicable to set aside such an order...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Exparte decree set aside as (a) Process server not examined; (b) Non furnishing of copy of plaint with summons; (c) Non filing of affidavit by plaintiff in support of reply filed to the application U.O.9.R.13 CPC - Order upheld...........
BOMBAY HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 47, Order 9, Rule 13-- Exparte decree - Subsequent suit for setting aside exparte decree - Separate suit is not maintainable - Grievance could be agitated before Executing Court or should resort to remedy U.O.9.R.13 CPC for setting aside exparte decree or to file an appeal against exparte decree - Order of trial Court..........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Arbitration award - Objections within 30 days not filed - Decree passed - Amounts to exparte decree - Application to set aside exparte decree - Delay - Condonation - Within period of limitation counsel instructed to file objections under S.33 - Delay in preparing objections by counsel - Delay of..........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Arbitration Act, 1940, Section 17, 30, 33-- Arbitration award - Objections not filed and ex parte decree passed - Held, O.9.R.13 CPC is applicable - If application for setting aside the award is filed beyond the prescribe time and sufficient cause for condoning the delay in filing objection application is established, Court has power to set..........

Showing : 31-40 of 54 Results