Showing : 61-70 of 115 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Defendant has more than one remedy - He can file an application for setting aside the ex parte decree or he can file a suit stating that service of notice was fraudulently suppressed or can prefer an appeal and file an application for review...........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 41, Rule 22-- Cross objections - Can be filed within a period of one month from date of service of notice of day fixed for hearing of appeal or within such time as allowed by Court...........
RAJASTHAN HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Representative suit - Service on defendants made party to the suit - Public notice of suit given informing about representative nature of the claim - Does not mean that there is no requirement of service of summons on the defendants made party to the suit - Service..........
GAUHATI HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 80-- Notice - Served on necessary party - Non service of notice upon a party who is not a necessary party but only a proper party - Suit cannot be dismissed for non service of notice...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 5, Rule 9, Civil Procedure Code, 1908, Order 41, Rule 14-- Appeal - Service of summons - Service of summons through process of Court is mandatory - Several process servers gave notice relating to service and their endorsements sufficient to show service of notice - No material to show that such reports were false or erroneous - Order rejecting application..........
RAJASTHAN HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Observation in order sheet that registered notice was refused by defendant - However the notation on envelope washed away - What was the notation unknown to Court at the time of deciding application U.O.9.R.13 CPC - In such a situation, the person who delivered..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 80(1), 80(2)-- Government or public officer - Suit against - Notice u/s 80 CPC is imperative - In case urgent and immediate relief is to be granted suit can be instituted without service of notice u/s 80 with leave of the Court - Such leave must precede the institution of suit - Order granting leave must..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 5, Rule 1, 20-- Summons - Refusal to accept - Service by Munadi ordered - Notwithstanding the issuance of a fresh notice by substituted service, the effect of earlier service when summons were refused is not nullified - Held, defendant was duly served on the day he refused to accept summons...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123-- Exparte decree - Setting aside - Limitation - In case there is due service limitation to file application to set aside exparte decree is 30 days from the date of decree - In case summons or notice was not duly served then limitation is 30 days of knowledge of the decree...........
ALLAHABAD HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Service of summons - Mention of pendency of suit in written statement filed in another case against husband of one of the petitioners - Does not amount to be sufficient service of notice on the petitioner...........

Showing : 61-70 of 115 Results