Showing : 61-70 of 198 Results

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..........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Remedies available U.O.9.R.13 and S.96 are concurrent - Defendant who was proceeded ex parte decree can choose either of the two remedies or he can have recourse to both proceedings simultaneously...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Civil Procedure Code, 1908, Section , Order 9, Rule 13-- Ejectment petition against tenant (State of Haryana) - Tenant cared not to appear and contest petition, despite service of summons - Ex parte eviction order passed - Objection filed by tenant in execution application brought by landlord - Tenant also filed application U.O.9.R.13 CPC for setting..........
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...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 8, Rule 10-- Ex parte decree - Setting aside of - Written statement not filed - Ex-parte decree granted - Application filed U.O.9.R.13 for setting aside ex parte decree - Held, a decree passed for defendant's default in filing written statement is an ex parte decree which duly comes within the ambit of..........

Showing : 61-70 of 198 Results