Showing : 71-80 of 204 Results

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..........
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..........

Showing : 71-80 of 204 Results