Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution - Dismissal of objections - Issuance of warrant of possession - During pendency of application for setting aside of exparte decree - Till application U.O.9.R.13 CPC is decided (though expeditiously), it would prejudice the petitioners, possibly irreparably, if order of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel could not appear due to boycott of Courts by Advocates - Sufficient cause shown for non appearance - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, 6(a), Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte decree - Setting aside - Defendant proceeded ex parte on the date when case was fixed for recording defendants' evidence - It was a case where defendants did not lead any evidence - However, plaintiff was present and had led his evidence - Trial Court proceeded to..........
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 101 -- Ex parte decree - Setting aside - Service of summons - Defendant denied service of summons - Burden to prove service of summons is on the person who asserts that defendant was served with summons - There is no proof of service of summons when merely certified copy of bailiff report is produced..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Limitation Act, 1963, Section 5, Article 123 -- Ex-parte decree - Setting aside of - Limitation - As per Explanation provided to Art.123 of Limitation Act, period of limitation would commence from date of knowledge of decree when defendant is served U.O.5.R.20 CPC - In the instant..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside of ex-parte decree - Delay of 920 days - Condonation of delay - JD already aware of ex-parte decree - No satisfactory explanation for said long delay - Delay not condoned...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Suit for specific performance - Defendant had been lackadaisical and tardy in not contesting the suit - It cannot be believed that defendant did not have knowledge of pendency of suit as before filing of the suit a legal notice under registered cover was served - Plaintiff in pursuance to..........
Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Appeal against ex parte decree - Exclusion of time spent in pursuing application U.O.9.R.13 CPC - Provision of S.14 of the Act is not applicable in excluding time spent in proceeding U.O.9.R.13 CPC - However, principles analogous to S.14 of the Act would be applicable for purpose..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Suit for specific performance - In the absence of any evidence, bald insinuations made by appellants and their predecessor-i, interest against previous advocate does not constitute a ground to vacate ex-parte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Service of summons - Summons duly served - Burden is on defendant to prove that summons in fact does not contain his signature or that it bears his forged signatures - It was the burden of defendant to lead positive evidence to prove that summon does not bear his signature like, producing..........
