Showing : 21-30 of 60 Results

KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Application U.O.9.R.13 CPC cannot be filed before trial Court once decree of trial Court merges in the decree of Appellate Court...........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 3, Article 123- - Ex parte decree - Setting aside of - Limitation - Held, period of limitation for filing application U.O.9.R.13 CPC is to be reckoned from the date of knowledge of passing of ex-parte decree - Court has no jurisdiction to entertain such application after expiry of period of limitation of 30 days..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 41-- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC dismissed - Appeal also dismissed - Revision pending in High Court - Defendant also filed appeal against ex parte decree - Held, first appellate Court can still hear and decide appeal during pendency of revision in the High Court...........
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...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13-- Inseparable ex parte decree - Setting aside of - Power of Court - Scope - Held, if there are many defendants in a suit and ex parte decree is passed against all of them and if the decree is inseparable in its scope, it can be set aside vis-a-vis all defendants, in an application filed U.O.9.R.13..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 37, Rule 3(4), Civil Procedure Code, 1908, Order 9, Rule 13-- Summary suit - Ex parte decree - Setting aside of - Summons for judgment in Form 4A in Appendix B was not served on counsel for defendant as contemplated U.O.37.R.3(4) - Court below had posted the case only after 4 days after defendants entered appearance and passed an ex parte decree - Held,..........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13-- Appeal against ex parte decree - Appellant can challenge not only the correctness of the order passed by trial Court setting him ex parte, but also legality and sustainability of decree on its merits - If appeal against ex parte decree is dismissed, he cannot proceed with application U.O.9.R.13..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Second Proviso - Second Proviso to O.9.R.13 CPC is mandatory - It is not permissible for Court to allow application in utter disregard of the terms and conditions incorporated in the second proviso...........
MADRAS HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 3, Civil Procedure Code, 1908, Section , Order 17, Rule 2, 3-- Evidence closed by order when no evidence was led inspite of repeated adjournments and decree granted - Application U.O.9.R.13 to set aside judgment and decree - Application dismissed by holding that application U.O.9.R.13 CPC is not maintainable and only remedy available is to file appeal -..........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Industrial Disputes Act, 1947 - Workmen having made full and final settlement with his employer still approached labour court - However case dismissed as settled in view of full and final settlement already effected - Workman filed another case in the labour court and got ex-parte award - Workman..........

Showing : 21-30 of 60 Results