Showing : 51-60 of 201 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Court while seized of application U.O.9.R.13 CPC has to decide independently the application for staying execution proceedings on the well established principles of prima facie case, balance of convenience and irreparable loss and injury...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 22, Rule 10-- Ex parte decree - Setting aside at the instance of transferee pendente lite - Application U.O.9.R.13 CPC at the instance of transferee pendente lite is maintainable only when such transferee by filing an application seeks leave of Court in accordance with O.22.R.10 CPC - Only when leave is sought..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 141, Order 9, Rule 13, 9, Limitation Act, 1963, Article 122-- Restoration of restoration application - Dismissal of application U.O.9.R.13 CPC for non appearance - Restoration application U.O.9.R.9 CPC is maintainable and limitation to file such an application is 30 days in view of S.141 CPC...........
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..........
KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, 9, Constitution of India, 1950, Article 227-- Rejection of application U.O.9.R.13 or U.O.9.R.9 CPC - Challenge to liability to pay costs or its quantum while allowing applications can be made in appeal only - Original petition under Art.227 not to be entertained...........
KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 13, 9-- Costs fixed for allowing application U.O.9.R.13 or U.O.9.R.9 CPC not to be substituted by higher Courts - Costs directed to be paid as condition should be realistic and practical and should not be fanciful and whimsical...........
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...........
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..........

Showing : 51-60 of 201 Results