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DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree of possession - Setting aside - Provisions of O.9.R.13 of CPC to be widely construed to give discretion to the court to take into consideration the attending facts and circumstances while dealing with an application under the aforesaid provision of law - Defendant holding suit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Expartee decree - Mere fact that decree holder has recorded concession for setting aside exparte proceedings, is not sufficient to impleaded respondent as party in proceedings u/O.9.R.13 of C.P.C...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Non-service of summons - Order refusing to grant opportunity to lead evidence by defendant in support of said application - Report of refusal made by Postman is not absolute and it is rebuttable - Evidence can be led by defendant to show that report was falsely..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte divorce decree - Setting aside - Scope of application U.O.9.R.13 CPC - Cannot be extended to decide the factum of marriage...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13-- Ex parte divorce decree - Setting aside - Application filed by wife after 13 years of passing of decree - Wife contended that she never received summons from Court nor she engaged counsel - However, wife never denied her signatures on the power of attorney filed by counsel - It is only when civil..........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13-- Compromise decree - Application U.O.9.R.13 CPC - Application U.O.9.R.13 CPC for setting side compromise decree is not maintainable - Defendant has two courses available to either file an appeal against compromise decree or to file an application for recall of such an order - Application dismissed,..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Decree passed in the counter claim - Suit not pressed - Suit dismissed and counter claim decreed - Answer to the counter claim was not filed - Plaintiff was not declared ex parte to the counter claim - Decree not passed U.O.8.R.10 CPC - Held, even though the suit was `not pressed' but such a..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 9, Rule 13-- Constructive res judicata - Application U.O.9.R.13 CPC - Earlier two applications U.O.9.R.13 CPC were not entertained on merits on account of failure to comply with the mandate of S.17 of Provincial Small Cause Courts Act - In absence of any adjudication on merits, rejection of earlier two..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Remedy against an ex parte decree has two options: (i) to file a regular appeal; (ii) to file an appeal for setting aside the order in terms of O.9.R.13 CPC - Both the proceedings are available simultaneously...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Appeal - Divorce petition - Once it is shown that applicant has no knowledge of the proceedings and not served with summons in filing application within one month from date of knowledge as per Art.123 of Limitation Act as substituted service is no proper service,..........

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