Showing : 231-240 of 1239 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Execution - Objections - Dismissal in default - Restoration - Objections remained pending for two years and on date counsel appearing on behalf of petitioner failed to appear and objections dismissed for no, prosecution - Interest of party should not suffer for misdemeanor or inaction of his..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Service of summons - Process server did not know defendant personally and no one from village accompanied him at the time of service of summons, who could identify defendant - Handwriting and Finger print expert examined by defendant has also not approved the..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13, 7-- Ex parte decree - Appeal there against - Appellate Court committed no error by refusing to examine the validity of ex-parte order but examined the validity of judgment passed by Trial Court - Concurrent findings of Courts below rightly found to be in favour of plaintiff - First Appellate Court..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1-- Ex parte decree - Setting aside - Dismissal of application for condonation of Delay - It is revision and not appeal which lies against dismissal of application for condonation of delay...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed in default - Plaintiff was present in the morning session and requested to post case after lunch as his counsel was busy in some other Court - Case when called after lunch, non appeared on behalf of plaintiff - Application for restoration of suit filed within two days..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed for default - Suit for compensation for death of son due to collapse of building - No fault found in dismissal of application from legal perspective - However, due to non restoration of suit unfortunate mother of ill-fated son is forever denied opportunity of claiming..........
CALCUTTA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d)-- Ex parte decree - Setting aside - Dismissal of application - Held, it is appeal and not revision which lies thereagainst...........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex parte proceedings - Setting aside - Application to set aside ex parte proceedings can be filed during the course of hearing of suit that is till hearing of final arguments in the suit - Application filed after hearing final arguments is neither maintainable nor ex parte proceedings can be set..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - There is no legal impediment in filing appeal against ex-parte decree after filing application for setting aside ex-parte decree - Though remedies are concurrent but their scope is entirely different - The two remedies provided against ex-parte decree are in..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Appeal - Dismissal of application for setting aside ex parte decree on ground of non service of summons - Withdrawal of appeal filed thereagainst - Withdrawal of appeal means acceptance of finding that story of non service of summons is not true - Conduct of..........

Showing : 231-240 of 1239 Results