Showing : 171-180 of 1291 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13-- Ex parte divorce decree - Setting aside - Application filed by wife after 13 years of passing of decree - Wife contended that she never received summons from Court nor she engaged counsel - However, wife never denied her signatures on the power of attorney filed by counsel - It is only when civil..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte divorce decree - Setting aside - Scope of application U.O.9.R.13 CPC - Cannot be extended to decide the factum of marriage...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Non-filing of written statement within 90 days - Defendant proceeded ex parte - There is absolutely no ground for setting aside ex parte decree - Application dismissed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Restoration of suit dismissed against Defendant No.1 for non filing of process fee - Delay of 15 years - In such like matters, application should not be dismissed on the ground of limitation and Court to take a lenient view - Application allowed so as to give finality to the litigation because..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 14, Rule 1-- Ex parte decree - Setting aside - No objection by plaintiff for setting aside ex parte decree - No necessity to frame an issue for determination - Ex parte decree set aside...........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13-- Compromise decree - Application U.O.9.R.13 CPC - Application U.O.9.R.13 CPC for setting side compromise decree is not maintainable - Defendant has two courses available to either file an appeal against compromise decree or to file an application for recall of such an order - Application dismissed,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Counsel pleaded no instructions - Court is required to issue notice to defendant - Nothing on record that counsel after pleading no instructions sent an intimation to his client - Moreso three witnesses of plaintiff were present for cross examination but counsel..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Court is expected to take cognizance of subsequent event also in deciding application for restoration/setting aside ex parte decree...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13, 15, Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte divorce decree against wife - Setting aside - Condonation of delay - Husband got remarried after expiry of appeal period - Allowing application of wife for setting aside ex parte decree at this stage would defeat the rights of husband after divorce, particularly when delay occurred on..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Dismissal for default - Restoration - There is no automatic restoration of interlocutory applications for the reason that reliefs sought for in the interlocutory applications were not germane for deciding the issues involved in the original petition, nor they were ancillary reliefs to the original..........

Showing : 171-180 of 1291 Results