Showing : 81-90 of 198 Results

BOMBAY HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC is not maintainable once an appeal against an ex parte decree is filed and appeal is disposed of on any ground other than its withdrawal...........
JHARKHAND HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10-- Ex parte decree - Setting aside of - Written statement not filed by defendants - Ex-parte decree granted in favour of plaintiff - Application for setting aside ex-parte decree - Maintainability of - Held, a decree passed U.O.8.R.10 CPC is an ex parte decree and for setting it aside an application..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13-Second Proviso - For applicability of the provision of O.9.R.13 Second Proviso the defendant should have notice of the date of hearing and also should have sufficient time to put in appearance - In the instant case in another suit plaintiff disclosed the fact of pendency of instant suit but did not..........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Exparte eviction order - Setting aside - Substituted service allowed as premises found locked - Plea of tenant that as premises were locked as such summons sent at this address cannot be considered duly served - However, tenant in reply to notice specifically denied the allegation that premises..........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13-- Execution of ex-parte money decree - Defendant moved application U.O.9.R.13 CPC which was dismissed - Contemporaneously, defendant also filed application U.O.21.R.26 CPC seeking stay of execution proceedings - Execution proceedings ordered to be stayed subject to defendant furnishing bank..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Ex-parte decree - Remedy with the defendant - Defendant proceeded ex-parte after notice and appearance on his behalf - Defendant absented himself - Defendant has no remedy to file application under Order 9 Rule 13 CPC - Remedy is to file an appeal - It will be for the appellate court to decide..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 152, Order 9, Rule 13-- Application U.O.9.R.13 CPC is not maintainable against an order passed u/s 152 CPC whereby amendment is brought in the decree...........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - No explanation for non appearance on the day he was proceeded exparte - Besides no applciaotn for setting aside order for ex parte proceedings was filed till passing of final award - Application U.O.9.R.13 CPC was rightly dismissed by Court below...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13-- Eviction petition - Exparte conditional eviction order - Application U.O.9.R.13 CPC - Exparte eviction order set aside subject to the condition that tenant tenders the entire arrears of rent and in case Rent Controller ultimately finds that the rate of rent is less then rent paid in excess shall..........
MADHYA PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 122-- Application U.O.9.R.13 CPC dismissed in default - Restoration of restoration application - Such an application is not covered under Art.122 Limitation Act...........

Showing : 81-90 of 198 Results