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RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Hindu Marriage Act, 1955, Section 15, Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree of divorce - Re-marriage - When permissible? - Held, circumstances in which a party to the decree of divorce can lawfully remarry emerges as follows - (i) If an application U.O.9.R.13 of CPC for setting aside an ex parte decree of divorce is not filed within the period of 30 days..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 11-- Ex parte decree - Setting aside - Rejection of application - Validity - Service has not been affected personally on all defendants - Application U.O.9.R.13 CPC has been dismissed by both Courts bellow - Held, according to the provision of O.5.R.11 CPC, save as otherwise prescribed, where there are..........
CALCUTTA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d), Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Held, order rejecting an application u/s 5 of the Limitation Act filed in proceeding initiated U.O.9.R.13 of the Code is an appealable order...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 9, Rule 7-- and - Ex parte decree - Setting aside of - Application for - Maintainability - Held, an order on an application U.O.9.R.7 CPC will not preclude the Court to consider the application U.O.9.R.13 CPC...........
KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code 1908, Section 96(2), Order 9, Rule 13-- Appeal against ex parte decree - Appellate Court cannot consider the question whether appellant was prevented by sufficient cause for not appearing in the trial on the day of trial - Appellant cannot urge any of the grounds which he could have rised in an application U.O.9.R.13 CPC...........
JHARKHAND HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Constitution of India, 1950, Article 226-- Ex parte decree - Setting aside - No summons were served on respondent though a LTI has been affixed to denote that summons were served, but name of witnesses whose LTI endorsed on summons did not mention parentage, is also not there - Service report also pointed out that someone has given his..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 43, Rule 1(d), Civil Procedure Code, 1908, Order 9, Rule 13-- Expln., Ex-parte decree - Setting aside of - Appeal - Maintainability - Application for setting aside ex-parte decree U.O.9.R.13 CPC dismissed - Appellants thereafter first preferred a regular first appeal u/s 96(2) of CPC challenging legality and validity of impugned ex-parte decree and..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Scope of O.9.R.13 CPC - Held, proceeding U.O.9.R.13 of the Code is not concerned with merits of the suit but is concerned only with two things, viz. summons were not duly served on defendant or that he was prevented for any sufficient cause from appearing when..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Non service of summons - Delay in filing application - Condonation of - No service was effected on petitioner - He did not have knowledge of pendency of suit - Held, application for condoning delay in filing application as also application U.O.9.R.13 of the Code..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13, 6-- Ex parte decree - Defendants appeared but failed to file written statement - Ex parte decree against defendant - Setting aside of - Held, if in the suit in which defendants appear but failed to file written statement, however plaintiff had filed evidence either on affidavit or otherwise, then..........

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