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Results of o 9 r 13 civil procedure code

Showing : 151-160 of 967 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte order of eviction - Setting aside - Limitation - No limitation is prescribed for filing an application for setting aside ex parte eviction order as provisions of Limitation Act are not applicable to proceedings under the East..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex Parte decree - Setting aside - Service of summons served without copy of plaint - Service cannot be aid to be legal or a mere irregularity - Service of service not accompanied with copy of plaint is not due service - Order setting aside ex parte eviction order upheld...........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Hindu Marriage Act, 1955, Section 13, 9, Civil Procedure Code, 1908, Section 11 -- Petition by husband for divorce on ground of cruelty and desertion - Wife filed petition for restitution of conjugal rights - Petition for restitution of conjugal rights decided during pendency of divorce petition - In petition for restitution of conjugal rights, it was held that there was..........

RAJASTHAN HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 13(1A)(ii), 9 -- Res-judicata - Earlier divorce petition on the ground of cruelty, was dismissed - Subsequent divorce petition on the ground that there is no restitution of conjugal rights for a period of two years since passing of decree for restitution of conjugal rights and also on the ground of..........

HYDERABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay of two years in filing application - Condonation of delay - Defendant failed to file an affidavit explaining the delay and setting out sufficient cause for filing application to set aside ex parte decree after long lapse of more than two years -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17 -- Ex parte decree - Setting aside - Ex parte decree passed on the basis of publication of notice in a newspaper - Order of service of summons by substituted service, held, not proper, as report of process server attested by a witness but his address not mentioned - In absence of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Hindu Marriage Act, 1955, Section 28, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree passed under Hindu Marriage Act - Application U.O.9.R.13 CPC to set aside ex parte decree is maintainable - A party aggrieved by an ex parte judgment and decree may either file an application U.O.9.R.13 CPC or an appeal...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Respondents No.1 & 2 were minors at the time of filing of suit - Natural guardian of respondents was not acting in consonance with the interest of minors - No steps were taken by Court to issue notice to get the minors to be represented through next friend or by appointing Court guardian -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Limitation - Respondents Nos. 1 & 2 were minor at the time of filing of suit and they sought setting aside of ex parte decree on attaining age of majority - Issue of limitation irrespective of the onus, had to be settled in favour of respondents - Ex parte decree rightly set aside...........

KERALA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Decree passed in the counter claim - Suit not pressed - Suit dismissed and counter claim decreed - Answer to the counter claim was not filed - Plaintiff was not declared ex parte to the counter claim - Decree not passed U.O.8.R.10 CPC - Held, even though the suit was `not pressed' but such a concession was not there for..........

Showing : 151-160 of 967 Results