Showing : 71-80 of 201 Results

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..........
CHHATTISGARH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Setting aside ex parte decree - Ex-parte decree obtained against minor or person of unsound mind, who was not represented through his next friend or duly appointed guardian - Held, such a decree is a nullity - Ex-parte decree procured against lunatic by effecting summons through substituted..........
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 -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 136-- Execution - Limitation - Execution consigned during the pendency of application U.O.9.R.13 CPC - Revival of execution sought after dismissal of application U.O.9.R.13 CPC - Revival of execution will not amount to filing the new execution - Execution petition was filed within one year of passing of..........
ORISSA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Succession Act, 1925, Section 263-- Grant of probate - Ex parte order - Setting aside of - Held, S.263 of the Act has no application where a grant of probate has been made ex parte and an application has been made for setting aside of that ex parte order by a party who alleges that he was prevented by sufficient cause from appearing..........
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..........
KERALA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Two options available are viz. defendant can seek setting aside ex parte decree or can challenge ex parte decree by filing an appeal - When an appeal is filed challenging the decree on its merits or on any other ground and the same when dismissed on any ground other than its..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Sought after 13 years of passing of the ex parte decree on the ground of fraud and collusion - If a party complaining fraud is in a position to discover the fraud and having discovered the fraud does not take action for long, in the present case for 13 years, then..........

Showing : 71-80 of 201 Results