Showing : 1-10 of 23 Results

ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Restoration application - Stamp proceedings - Proceedings heard in absence of petitioner - Petitioner had not put in appearance and only by presuming service of notice Additional Collector proceeded with the matter - Even recall application filed by petitioner dismissed without giving any finding..........
PATNA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 21-- Recall of judgment - Ex-parte decree - Non-joinder of legal heirs - Suit for declaration - Once the applicants were aware of pendency of matter and were represented by a counsel, applicants cannot be held did not have notice or they were prevented by sufficient cause from appearing - Application..........
PATNA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 21-- Recall of judgment - Ex-parte decree - Non-joinder of legal heirs - Suit for declaration - Plea as to applicants were not sent notice regarding pendency of first appeal - Vakalatnama found to have been filed by applicants in first appeal - Advocate categorically stated that applicant met him and..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 126(2)-- Ex parte maintenance order - Recall of order - Sought after six years of passing the order - No explanation for such inordinate delay - Nothing to show as how applicant came to know about the ex parte judgment - Failure to show any good cause for recall of order - Rejection of application calls..........
JHARKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 20(2), Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Appeal - Impleadment of a party - Petitioners as pro forma defendants failed to file written statement and proceeded ex parte in title suit - They never tried to recall ex parte order passed against them - Rather, application U.O.1.R.10(2) CPC was filed by petitioners twice but dismissed, as not..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 1(r)-- Appeal - Ex parte injunction order - Provisional, temporary or interim order rendered U.O.39.Rr.1, 2 CPC is appealable U.O.41.R.1(r) CPC - However, aggrieved person can also recall such ex parte interim injunction order...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Land Acquisition Act, 1894, Section 4, 23-- Land acquisition - Award by Lok Adalat - Warrants issued for recovery of interest amount - State sought to recall the said order - Said order was not an ex parte order and it was binding on State and the same not having been challenged has to be given effect to for realization of decretal amount..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Ex parte order - Denial of marriage by husband - Husband contracted second marriage without consent of his first wife - Husband cannot deny maintenance to first wife as he cannot be permitted to take advantage of his own wrong - Moreover, no recall application against ex parte..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Ex parte order - Denial of marriage by husband - Husband contracted second marriage without consent of his first wife - Husband cannot deny maintenance to first wife as he cannot be permitted to take advantage of his own wrong - Moreover, no recall application against ex parte..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Consolidation proceedings -- Ex-parte order - Recall - Where the various orders dismissing the appeal and recall applications were passed in absence of petitioner or her predecessor in interest, its recall without notice to them was not illegal order - Argument that fraud has been practiced by defendants is not liable to be..........

Showing : 1-10 of 23 Results