Showing : 281-290 of 1256 Results

RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Negligence on the part of lawyer - Plea cannot be accepted for the reason that defendant has not taken any action against the concerned lawyer for remaining negligent - Only conclusion that could be drawn is that defendant himself had remained negligent in..........
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...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Defendant deliberately concealed the material facts from Court - Court below having verified the record and recording the conduct of defendant had rightly rejected the application of appellants...........
ORISSA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex parte order - Setting aside - Application U.O.9.R.7 CPC is not maintainable when filed after closure of evidence when case is posted for judgment...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7-- Ex parte proceedings - Setting aside - Application filed at the stage when case was fixed for pronouncing judgment - Held, stage for filing application U.O.9.R.7 CPC was over - Petitioner could only file application U.O.9.R.13 CPC after ex parte judgment...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 8, Civil Procedure Code, 1908, Order 17, Rule 2-- Dismissal in default - In absence of plaintiff and his counsel, and in absence of any evidence by parties, Court ought to have dismissed suit in default U.O.9.R.8 CPC with reference to O.17.R.2 CPC and not on merits...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside at the instance of a person who was not party to the suit - A person having no interest or even a prima facie claim over a property which is subject matter of suit cannot maintain an application to recall the decree passed in the suit between two other parties...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Restoration of suit dismissed in default - Non appearance of Advocate due to strike by Bar - Held, strike by Bar is not itself a sufficient ground for restoration of suit dismissed in default, nevertheless law is equally well settled that a party cannot be made to suffer due to fault of his..........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed in default - Normally when the suit reaches the stage of rebuttal evidence or arguments, it should not be dismissed in default - Even, if it has been dismissed in default, the same should be restored when plaintiff files application by holding that plaintiff could not..........

Showing : 281-290 of 1256 Results