Showing : 31-40 of 57 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Article 135, Order 21, Rule 1, Civil Procedure Code, 1908, Article 135, Order 9, Rule 13-- Execution - Ex parte decree - Application filed U.O.9.R.13 CPC to set aside ex parte decree - D.H. restrained from proceeding with the execution during the pendency of the application U.O.9.R.13 CPC - Application U.O.9.R.13 CPC dismissed - Appeal arising out thereof dismissed by Supreme Court -..........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - No explanation for non appearance on the day he was proceeded exparte - Besides no applciaotn for setting aside order for ex parte proceedings was filed till passing of final award - Application U.O.9.R.13 CPC was rightly dismissed by Court below...........
RAJASTHAN HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Observation in order sheet that registered notice was refused by defendant - However the notation on envelope washed away - What was the notation unknown to Court at the time of deciding application U.O.9.R.13 CPC - In such a situation, the person who delivered..........
MADHYA PRADESH HIGH COURT
Year of decision: 2006
Details
Guardians and Wards Act, 1890, Section 25, Family Courts Act, 1984, Section 10, Civil Procedure Code, 1908, Section 141, Order 9, Rule 13-- Exparte decree passed under section 25 Guardians and Wards Act giving custody of child to father - Application for setting aside exparte decree - Dismissal of application by holding that as order passed under S.25 Guardians and Wards Act does not amount to decree as such application U.O.9.R.13 CPC..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Eviction petition - Tenant not appearing despite service of summons by registered post and through process server - Tenant proceeded exparte and exparte eviction order passed - Application to set aside ex parte order dismissed and tenant did not file any appeal - High Court in such a situation..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d)-- Exparte decree - Two options are available - One to file appeal and second to file application U.O.9.R.13 - If appeal is dismissed then application U.O.9.R.13 is not maintainable but not the vice versa - On dismissal of application U.O.9.R.13 remedy of appeal U.O.43.R.1 is available - In case of..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 17, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 13-- Order of Court 'No representation for the defendants hence suit decreed with costs...' - This is an exparte adjudication and not a decision on merits - There is no indication as to what evidence was evaluated and/or whether the merits were tested - Application U.O.9.R.13 CPC allowed - Order..........
BOMBAY HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 47, Order 9, Rule 13-- Exparte decree - Subsequent suit for setting aside exparte decree - Separate suit is not maintainable - Grievance could be agitated before Executing Court or should resort to remedy U.O.9.R.13 CPC for setting aside exparte decree or to file an appeal against exparte decree - Order of trial Court..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Arbitration Act, 1940, Section 14, 17, 39, 41, Civil Procedure Code, 1908, Order 9, Rule 13-- Award made rule of Court after notice to appellant by Single Judge of High Court - Appellant moving an application U.O.9.R.13 for setting aside decree making the award rule of Court terming it ex parte and pleading sufficient cause of non appearance - Rejected by Single Judge - LPA is not..........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Arbitration award - Objections within 30 days not filed - Decree passed - Amounts to exparte decree - Application to set aside exparte decree - Delay - Condonation - Within period of limitation counsel instructed to file objections under S.33 - Delay in preparing objections by counsel - Delay of..........

Showing : 31-40 of 57 Results