Showing : 1-10 of 190 Results

ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13- - Ex parte decree - Setting aside - Appeal against an ex-parte decree dismissed - No direction issued by Appellate Court directing plaintiff to avail remedy of an application U.O.9.R.13 CPC - Remedy of an application U.O.9.R.13 CPC is thus, clearly barred by O.9.R.13 Proviso CPC...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13-- Ex parte decree - Appeal against - Right to appeal is a statutory right - Defendant cannot be deprived of the statutory remedy merely on the ground that application filed U.O.9.R.13 CPC was earlier dismissed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit - Dismissed in default - Suit dismissed on three occasions - Court allowed restoration application twice and dismissed the same on third occasion - Stage of suit was for filing replication, however, same was not filed on all three occasions - Conduct of plaintiff highly..........
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...........
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 declaration of ownership and perpetual injunction - Gram Panchayat chose not to defend the matter even after filing application U.O.7.R.11 CPC - It was only after fresh elections new Gram Panchayat moved application U.O.9.R.13 CPC - Issue of delay in..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13-- Written statement-cum counter claim - Several adjournments availed to file written statement - Defendant debarred from filing written statement - Thereafter defendant proceeded ex parte - Ex parte decree set aside - Held, O.9.R.13 CPC cannot be made for retrieving lost opportunity to file written..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
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 hear the suit ex parte..........
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 of condonation of..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13-- Exparte decree - Setting aside at the instance of a person not party to the suit - Application U.O.9.R.13 CPC at the instance of such a person is not maintainable - However, decree obtained by fraud can be set aside at the instance of such a person u/s 151 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Aggrieved has four options : (a) to file an application U.O.9.R.13 CPC for setting aside ex-parte decree; (b) to challenge decree on merits by filing an appeal; (c) to file a separate suit on the ground that previous decree was the result of fraud (d) to file an application for..........

Showing : 1-10 of 190 Results