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Results of o 9 r 13 limitation

Showing : 1-10 of 162 Results

MANIPUR HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 175 days - Delay not properly explained except throwing blame on Advocate for which there is no supporting material or affidavit - Having entered appearance through counsel, there is no reason for defendant to plead that failure on part..........

TELANGANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application within 30 days of passing of ex parte decree - Parties engage Advocate and rely on Advocate to take care of their interests, if they are not properly advised by Advocate and when they immediately approach Court within stipulated period of limitation, Court cannot dismiss said..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for permanent injunction - Plaintiff was aware of correct address of defendant but intentionally did not give the same - No explanation come forth in plaint or in evidence of giving other address of defendant, which was not supported by any documentary evidence - Application for setting..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte divorce decree - Setting aside - Second marriage after passing of ex parte decree and expiry of limitation for filing appeal - Ex parte decree set aside in appeal filed against order refusing to condone delay to file application to set aside ex parte decree - Second..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Dismissal of application to set aside exparte decree - Condonation of delay in filing appeal against exparte decree - Time spent in pursuing application U.O.9.R.13 CPC is to be taken as `sufficient cause' for condoning delay in filing first appeal...........

CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

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..........

BOMBAY HIGH COURT

Year of decision: 2019
Details

Hindu Marriage Act, 1955, Section 13, 9, 21, 23A, Civil Procedure Code, 1908, Order 8, Rule 6A -- Divorce - Counter claim to seek relief under the Act of 1955 - There is no period of limitation prescribed for filing counter claim in proceedings under Hindu Marriage Act - It is S.23-A of the Act of 1955 which is applicable for seeking counter claim as such O.8.R.6-A CPC is..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2019
Details

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...........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

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..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of about 3 years 8 months - Defendant corporation is public sector undertaking and huge public money is involved in the case - Ex parte decree set aside subject to payment of costs of Rs.50,000/-...........

Showing : 1-10 of 162 Results