Civil Procedure Code, 1908, Order 9, Rule 13 -- Explanation - Exparte decree - Setting aside - Application is not maintainable when an appeal against ex parte decree is dismissed may be on ground of limitation or dismissal for default - By virtue of explanation disposal of appeal on any ground whatever, apart from its withdrawal, constitutes sufficient reason for bringing..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Section 5 of the Limitation Act is applicable to an application filed U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Delay of 122 days - Condonation - Exparte divorce decree - Explanation given for delay that she went to various places on pilgrimage in search of mental peace and that her advocate was also out of the country - Exparte decree passed in a casual manner - Effort..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Limitation - 30 days from date of knowledge - Application filed on the next date of acquiring knowledge of exparte decree - Not effectively controverted by plaintiff by filing an affidavit in support of their reply - Application has to be treated within..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Joint application U.O.9.R.13 CPC 7 & S.5 Limitation Act can be filed - Separate application to condone delay is not required to be filed if grounds in both the applications are one and the same - Both the reliefs can be prayed in one petition U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Set aside subject to payment of costs within 15 days failing which ex parte order to revive - Period of six months lapsing - Advocates strike no ground for condonation of delay as applicant himself could have deposited money...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Explanation - Exparte decree - Appeal against - Dismissed as barred by limitation - Held, after disposal of appeal on any ground other than withdrawal of appeal, application U.O.9.R.13 CPC for setting aside exparte decree is not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Condonation of delay in filing application - Affidavit of counsel in support thereof that he failed to intimate the date of adjournment to the party - Held, it is always desirable and advisable that the parties alone should sworn to the affidavits in support of such..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Delay of 554 days - Condonation - Plea that the person who was appearing on behalf of company left the service since 1994 because of death of his son and none informed about further proceedings in Court - Exparte decree passed on 17.9.1993 - Knowledge was in..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Delay of 469 days - Applicant came to know for the first time about ex parte decree when notice in execution was served on him - Trial Court set aside exparte decree after condoning delay - High Court in revision set aside the order of trial Court - Appellant..........
