Showing : 41-50 of 115 Results

BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Cannot be set aside merely on the ground of irregularity in service of summons subject to the condition that Court is satisfied that defendant had notice of the date of hearing and had sufficient time to enable him to appear and answer the plaintiff's claim...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 41, Rule 22-- Appeal - Cross objections - Period of one months commences from the date of service, on the concerned party or his pleader - This could be a notice for actual date of hearing or otherwise...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 41, Rule 22-- Appeal - Cross objections - Participation at the stage of admission of appeal - Cannot claim at the time of final hearing that the limitation period for him to file cross objections will commence only from the date of service of a fresh notice on him or his pleader...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ex parte ad interim injunction - When can be granted - Held, it is only when an application U.O.39.Rr.1 and 2 CPC is filed by a plaintiff at the initial stage of suit that trial Court is required to pass orders awaiting service of notice - Even in such cases, Court has to record reasons for..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 130-- Calcutta High Court (Original Side) Rules, 1914, Ch.13A, Rule 1 - Leave to defend - Suit for eviction - Defendant denied service of quit notice - Plaint does not disclose that any other mode of service was adopted except sending notice by registered post - Held, defendant has disclosed good..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Report of refusal on summons - Report of refusal on notice sent by registered post - Service of summons through publication in newspaper - No plea of fraud between appellant and postman - Postman not examined - Not a plea that newspaper in which notice was..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Ex parte decree to be set aside if party satisfies Court that summons had not been duly served or he was prevented by sufficient cause from appearing when the suit was called on for hearing - However, the court shall not set aside the said decree on mere..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Setting aside of ex parte decree - Irregularity in service of summons - Held, if the party had notice of date of hearing, it is irrelevant whether service of summons was effected or not - In such circumstances, ex parte decree cannot be set aside even if it is established that there was..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3-- Temporary injunction - Dismissal of suit for permanent injunction - Appeal against - Grant of temporary injunction without endorsement regarding service to defendant - Order of status quo passed - Impugned order does not indicate that there was an urgency in the matter - O.39.R.3 CPC not complied..........
CALCUTTA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Declaration of title - Suit for - Service of notice - 50 defendants - Only defendant No.1 to 3 are contesting - Notice was served upon them by commissioner before holding investigation - Held, in consideration of the number of defendants in suit, it is not possible for commissioner to serve..........

Showing : 41-50 of 115 Results