Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC is not maintainable once parties got an appeal decided by a higher Court...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Specific stand taken by defendant in her delay condonation application that in absence of any notice regarding transfer of suit, she had no knowledge about proceedings - Defendant further contended that when she learnt about ex parte..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay of 350 days in filing application to set aside ex parte decree - Condonation - Plea of non informing of passing of decree by counsel - If at all counsel has not informed about passing of ex parte decree, petitioner could have got information through..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Defendant was duly served in the proceedings - Limitation to set aside ex parte decree starts to run from the date of order and not from the date of knowledge of such order...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Failure to appear due to illness - Medical certificate in support thereof cannot be discarded altogether merely on the ground that doctor issuing the certificate did not advise complete bed rest - Ex parte decree set aside...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants already filed written statement, as Court below set aside the ex parte decree - Issues have already framed - No interference warranted in impugned order of allowing application - Ex parte decree rightly set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons were not duly served and defendant knew about the decree when patwari informed him about decree - Application U.O.9.R.13 CPC was filed within 6 days of said date and therefore, application is within limitation - Same was not required to be accompanied by application u/s 5 of..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Condonation of delay - Notice sent by registered post and no notice was issued to be served personally - Action of Family Court in dispensing with personal service impliedly without passing any order justifying it, cannot be countenanced..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was duly served as he himself signed copy of summon - Period of limitation therefore, would commence from date of decree and not from date of knowledge - Application U.O.9.R.13 CPC was filed beyond the period of limitation and no application for condonation of delay of 6 years was..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons effected upon defendant through her son who is minor - Not a proper service - Subsequent service through Munadi not improper - However, defendant not appeared before Court due to her preoccupation with treatment of her husband - It would not be unjustified if defendant is..........
