Showing : 61-70 of 204 Results

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..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Non service of summons - Delay in filing application - Condonation of - No service was effected on petitioner - He did not have knowledge of pendency of suit - Held, application for condoning delay in filing application as also application U.O.9.R.13 of the Code..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13, 6-- Ex parte decree - Defendants appeared but failed to file written statement - Ex parte decree against defendant - Setting aside of - Held, if in the suit in which defendants appear but failed to file written statement, however plaintiff had filed evidence either on affidavit or otherwise, then..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(g)-- Ex parte decree - Setting aside of - Whether an appeal against main order deciding a suit on merits is maintainable after dismissal of an application for recalling ex parte order U.O.9.R.13 CPC read with S.22(2) (g) of 1993 Act? - Held, yes, appeal is maintainable...........
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..........
DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Ex parte decree - Setting aside of - Dismissal of appeal filed u/s 96 - Maintainability of application thereafter U.O.9.R.13 CPC - Held, where applicant has chosen the remedy of filing an appeal u/s 96 of the Code and if the appeal has been dismissed on any ground other than for the reason that he..........
DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Ex parte decree - Setting aside of - Remedy available - Held, ex-parte decree can be challenged both U.O.9.R.13 and u/s 96 of the Code - There was no bar in pursuing both the remedies simultaneously - Limitation for the purposes of availing the said two remedies is also different - An application..........
DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Delay - Condonation - Delay of 8 years condoned but application for setting aside ex parte decree dismissed - Held, it would be in the interest of justice to allow appeal filed by he appellant and allow the application U.9.R.13 CPC, of course, with a heavy costs..........
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..........

Showing : 61-70 of 204 Results