Showing : 221-230 of 1340 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex-parte proceedings - Setting aside - Courts are liberal in allowing setting aside of ex-parte proceedings, including restoration of suit dismissed in default, because ordinarily persons should be allowed to have a judgment on merits and not on account of default...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Ex-parte proceedings - Setting aside - Where vital rights to an immovable property are involved, negligence is not such that it cannot be condoned by making payment of costs to plaintiff considering that valuable rights in an immovable property is involved and the period of non appearance an delay..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Divorce petition - Respondent living in America - Service of summons through publication in newspaper `The Tribune' - Respondent who was residing in America, could not have come to know about publication of summons qua her in the newspaper `The Tribune' - Order..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed in default - Dismissal of suit for absence of plaintiff and for want of evidence - Is dismissal in default as contemplated U.O.9.R.8 CPC - Plaintiff can seek restoration of suit U.O.9.R.9 CPC for setting aside dismissal on fulfilment of conditions as laid down..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 9, Rule 13-- Constructive res judicata - Application U.O.9.R.13 CPC - Earlier two applications U.O.9.R.13 CPC were not entertained on merits on account of failure to comply with the mandate of S.17 of Provincial Small Cause Courts Act - In absence of any adjudication on merits, rejection of earlier two..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Ex-parte order - Setting aside - Notice not given before passing order dated 3.12.2004 - Recall application rejected - Appeal filed alongwith delay condonation application - Delay condoned and appeal allowed - Once finding is recorded that order dated 3.12.2004 was an ex parte order, delay was..........
GAUHATI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Plea that signature attributed to defendant in the summon is not that of defendant - In the summons defendant's name was signed as "Tarsan Singh Bhagal" whereas defendant used to sign as "Tarsem Singh Bhogal" - If defendant had actually signed, there could have..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Condonation of delay - Court can direct payment of a portion of the decretal amount or the cost, while exercising discretion for setting aside ex parte decree or condoning delay...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Condonation of delay - Allowed subject to payment of entire suit claim - Held, Court should not have imposed such an unreasonable and onerous condition...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Limitation - Where summons is served, limitation begins from the date of decree...........

Showing : 221-230 of 1340 Results