Showing : 81-90 of 202 Results

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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Article 135, Order 21, Rule 1, Civil Procedure Code, 1908, Article 135, Order 9, Rule 13-- Execution - Ex parte decree - Application filed U.O.9.R.13 CPC to set aside ex parte decree - D.H. restrained from proceeding with the execution during the pendency of the application U.O.9.R.13 CPC - Application U.O.9.R.13 CPC dismissed - Appeal arising out thereof dismissed by Supreme Court -..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13-- Condonation of delay - Separate application for condonation of delay is not required when all the ingredients of the application for condonation of delay are mentioned in the application U.O.9.R.13 CPC to set aside the exparte decree...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13-- Condonation of delay - Separate application for condonation of delay is not required when all the ingredients of the application for condonation of delay are mentioned in the application U.O.9.R.13 CPC to set aside the exparte decree...........
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..........

Showing : 81-90 of 202 Results