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Results of o 9 r 13 o of civil procedure code

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Showing : 21-30 of 1069 Results

UTTARAKHAND HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Condonation of delay - Wife was duly served in the proceedings - She was thus, aware of filing of divorce petition - Wife was negligent and not interested in pursuing the proceedings - Even, the present appeal is filed belatedly after delay of 136 days..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 9, Rule 13 -- Applications for restoration of suit and setting aside ex parte decree - Guidelines issued to avoid delay in disposal of said applications: (i) At Numbering Stage- Such petitions shall be checked and numbered within a period of three (3) days; (ii) At Notice Stage- After..........

CHHATTISGARH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside - Appeal u/s 96 CPC and an application U.O.9.R.13 CPC was preferred against ex parte decree - Right of defendant u/s 96 CPC cannot be taken away - Both appeal as well as application U.O.9.R.13 CPC would be maintainable...........

JAMMU AND KASHMIR AND LADAKH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 15 -- Ex parte divorce decree against wife - Setting aside - Father received summons by stating that she had gone out of station - Wife in her application did not state that she was not residing in the house of her father - Wife even in petition to High Court gave her address which is..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plaintiff having no objection in allowing such application - Ex parte decree set aside - Co-defendant has no right to raise objection that ex parte decree should not have been set aside...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plaintiff having no objection in allowing such application - Question of limitation can only be decided in case application is being contested by plaintiff...........

MADRAS HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Husband filed suit against wife, daughters and son to declare the property purchased in the name of wife is benami - Such plea of benami transaction cannot be taken after Benami Prohibition Act - Husband and wife passed away - Daughters have filed appeal against son - Since daughters got..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Non examination of process server by plaintiff - Adverse inference drawn against plaintiff qua the fact that summons were duly served upon the defendant...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Ex parte decree - Setting aside - Service of summons - Mandatory provisions of O.5.Rr.17 & 19 CPC not complied with by process server - It cannot be held by any stretch of imagination that this is mere irregularity in the service of summons - Ex parte decree set aside...........

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Partition suit - Defendant was engaged in treatment of his son who died subsequently - Whenever defendant was free, he participated in proceedings - It cannot be said that defendant remained inactive - Defendant had adequate and sufficient reason for not appearing before Court - Ex parte..........

Showing : 21-30 of 1069 Results