Showing : 41-50 of 57 Results

DELHI HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 21, Rule 26-- Ex parte decree - Setting aside - Stay of execution - In case execution of decree not stayed, whole purpose of filing application U.O.9.R.13 CPC would be defeated - Moreover, in terms of the directions of Court, defendant has already deposited a sum of Rs.20, 000/- - Execution of exparte decree..........
CALCUTTA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Exparte decree - Setting aside - Delay - Condonation - Application to condone delay should be decided first - Court has no jurisdiction to go into the merits of the application U.O.9.R.13 without disposing of the application u/s 5 of the Limitation Act - Dismissal of applications for condonation..........
DELHI HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Exparte order - Evidence recorded, arguments heard and case adjourned for orders - At that stage neither application U.O.9.R.7 nor application U.O.9.R.13 is maintainable - Application U.O.9.R.13 is maintainable only after pronouncement of the judgment - O.9.R.7 is not applicable as it envisages a..........
ALLAHABAD HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19A-- Exparte decree - Setting aside - Court did not accept the service either U.O.5.R.17 or R.19A - Application to set aside exparte decree rejected on the ground that defendant had knowledge of the proceedings - However, Court had not adverted to the details as to how such knowledge is presumed - Case..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Maintainability of application during pendency of appeal - Explanation to Order 9.R.13 does not bar filing of application for setting aside the decree appealed - Bar is attracted only when appeal is disposed of on any ground other than withdrawal by the appellant -..........
KARNATAKA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Exparte decree - Setting aside - Nothing on record to show that the Court before issuing substituted service was satisfied that the defendant is keeping out of the way, for the purpose of avoiding service or that for any other reason the summons cannot be served in the ordinary way - Nothing on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13- - Challenge in revision to blanket stay of execution of ex parte decree without imposing any terms and conditions on judgment - debtor in proceedings under Order 9 Rule 13 for setting aside ex parte decree - Normally such order does not call for any interference by High Court - Fact that suit filed..........
RAJASTHAN HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 16-- Exparte decree - Setting aside - Service of summons duly proved by process-server as also by comparison by Court of defendant's signature on summons with his signatures on other documents - Defendant denying his signatures on summons - Hand-writing expert not examined to prove that he never signed..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Execution - Stay during pendency of decision of application U.O.9.R.13 - Application for stay of execution dismissed - High Court stayed execution and directed trial Court to dispose of the application of petitioner to set aside ex parte decree within 3 months...........
ORISSA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Application U.O.9.R.13 - Condonation of delay - Lack of actual knowledge - Constitute the sufficient case for condoning the delay - Revisional Court should not disturb the findings of the Courts below more so where the substantial justice has been done...........

Showing : 41-50 of 57 Results