Showing : 151-160 of 205 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 11, Order 9, Rule 13-- Res judicata - Rejection of an application filed U.O.9.R.13 does not bar a suit to set aside the decree as fraudulent...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Arbitration and Conciliation Act, 1996, Section 11(6), Civil Procedure Code, 1908, Order 9, Rule 13-- Arbitrator - Exparte appointment - Setting aside - Appointment of Arbitrator under S.11(6) not a decree - It is not a judicial order but only an order passed in administrative capacity - O.9.R.13 CPC is not applicable to such a case...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Arbitration and Conciliation Act, 1996, Section 11(6)-- Arbitrator - Exparte appointment - Application U.O.9.R.13 CPC to set aside ex parte order - Not maintainable - However, even if such an application is assumed to be maintainable, order cannot be set aside as no prejudice is caused thereby to the applicant - Parties can raise all sorts of..........
DELHI HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Exparte order - Evidence recorded, arguments heard and case adjourned for orders - At that stage neither application U.O.9.R.7 nor application U.O.9.R.13 is maintainable - Application U.O.9.R.13 is maintainable only after pronouncement of the judgment - O.9.R.7 is not applicable as it envisages a..........
PATNA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13-- Decree passed U.O.8.R.10 - It is an exparte decree - Such decree can be assailed U.O.9.R.13 CPC - Can also be assailed under S.96 CPC...........
ALLAHABAD HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19A-- Exparte decree - Setting aside - Court did not accept the service either U.O.5.R.17 or R.19A - Application to set aside exparte decree rejected on the ground that defendant had knowledge of the proceedings - However, Court had not adverted to the details as to how such knowledge is presumed - Case..........
ALLAHABAD HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Suit by Bank for recovery of loan amount against principal debtor and sureties - Exparte decree passed against principal debtor but suit decreed on contest against sureties - Principal debtor filing application U.O.9.R.13 to set aside exparte decree - Exparte..........
RAJASTHAN HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 9, Rule 13-- First Proviso - Exparte order - If more than one defendants and only one defendant ordered to be proceeded exparte - Exparte order when set aside - That defendant to take part in the proceedings at the stage at which the case was fixed when he was ordered to be proceeded exparte - Whether the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13- - Setting aside of ex parte decree, application for - Does not lie where defendant filed appeal and appeal disposed of on any ground other than one on the basis of which appeal withdrawn - After decision of appeal - Application under Order 9 Rule 13 - Not competent...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Maintainability of application during pendency of appeal - Explanation to Order 9.R.13 does not bar filing of application for setting aside the decree appealed - Bar is attracted only when appeal is disposed of on any ground other than withdrawal by the appellant -..........

Showing : 151-160 of 205 Results