Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Appeal - Order rejecting application U.O.9.R.13 CPC - Defendant has option either to challenge ex parte decree by way of first appeal or by way of Misc. appeal against order of rejection of application U.O.9.R.13 CPC - Appeal u/s 19 of Family Courts Act is maintainable against..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree in favour of husband - Husband pleaded that he performed second marriage after expiry of limitation of filing of appeal - Wife disputing second marriage by submitting that photograph and marriage card produced are forged documents created only to misguide..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Proviso - Ex parte decree - Setting aside - Court shall not set aside decree passed ex parte merely on the ground that there is an irregularity in service of summons, if it is satisfied that defendant had notice of date of hearing and had sufficient time to appear and answer the plaintiff's claim...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Process server tendered summons to wife of defendant, as defendant was not present in the house, but she refused to accept the same upon which he affixed copy of summons on the house - There was no dispute regarding identification of house - House of defendant was well known, happened to be..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay of 1246 days in filing application U.O.9.R.13 CPC - Address of defendant mentioned different in different documents - Making the defendant to suffer under an ex parte decree passed would be unjustifiable - Substantial justice should be done by giving due opportunity to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Wife received the summons of divorce proceedings and also filed reply under her own thumb impressions - She consciously signed agreement for divorce by mutual consent whereafter notices of divorce were served upon wife - Wife cannot now be permitted to change her stance..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant could not be served as he left the village - Since plaintiff could not get any other address, therefore he applied for effecting service through munadi at the place where property is situated - Munadi was conducted - Thereafter, defendant was proceed ex parte - No fault could be..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - No claim made against defendant No.2 in the suit - Counsel of defendant No.2 failed to point out as to how he will be prejudiced by order of proceeding ex parte against him - Moreover, case is at the stage of arguments - By allowing application of defendant, case would have to be taken to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was incarcerated in jail and could not attend the civil suit proceedings - If it was felt that application for setting aside ex parte decree is filed belatedly, Court could have given an opportunity to defendant to file an application for condonation of delay and costs could have..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was not residing at the address provided by plaintiff - Report of summons was false - Defendant was not duly served - Ex parte decree rightly set aside...........
