Showing : 311-320 of 1256 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 22, Rule 10-- Ex parte decree - Setting aside at the instance of transferee pendente lite - Application U.O.9.R.13 CPC at the instance of transferee pendente lite is maintainable only when such transferee by filing an application seeks leave of Court in accordance with O.22.R.10 CPC - Only when leave is sought..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Application to set aside ex parte decree filed immediately after coming to know of passing of ex parte decree - Except bald statement of applicant no other evidence led - Court should take liberal approach for advancing the cause of substantial justice - Ex parte..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 6, 9, 12, 13-- Ex parte decree - Setting aside - Wife appeared personally and pleaded that her counsel was demanding money for filing written statement - Court rendered advise to appellant to contact Secretary, District Legal Service Authority for free legal aid - Ex parte evidence recorded on that very date - A..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Trial Court compared signatures on summons with signatures on application and held that signatures on summons was that of defendant - Held, when defendant filed affidavit in support of his application that he was not duly served with summons and that affidavit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Dismissal in default - Restoration - Wrong noting of date by counsel - Affidavit of counsel is sufficient - Counsel is not expected to place on record the copy of his case diary or the photocopy of brief - Petition restored...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Summons issued on 16.3.1999 - Service of summons on 17.3.1999 for a date fixed as 18.3.1999 - Petition for setting aside ex parte decree filed after more than 30 days - Time to make arrangement for entering a defence is grossly inadequate - Ex parte decree set..........
DELHI HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Ex parte decree if not set aside then defendant can join and participate in the proceedings from the stage it is pending - However, proceedings between the stage at which he was proceed ex parte and the stage at which he joined will not be re-opened...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Restoration of suit - Suit dismissed for non compliance of order to pay deficiency in Court fee - Application filed after three months - Plea that application U.O.9.R.4 is not maintainable - Held, nomenclature is not decisive - Even though separate application for condonation of delay was not..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Defendants, proclaimed offenders, have been abusing process of law by filing multiple applications by making false and incorrect averments - Defendants though aware of being declared proclaimed offenders had not taken steps to assail said order or join various..........
HIMACHAL PRADESH 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 - Condonation of delay - Held, Court though having wide powers to condone delay but discretion to be exercised judiciously - None of defendants' witnesses explained delay, much less satisfactorily explained each day's delay - Delay cannot be condoned...........

Showing : 311-320 of 1256 Results