Showing : 1-10 of 587 Results

ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13- - Ex parte decree - Setting aside - Appeal against an ex-parte decree dismissed - No direction issued by Appellate Court directing plaintiff to avail remedy of an application U.O.9.R.13 CPC - Remedy of an application U.O.9.R.13 CPC is thus, clearly barred by O.9.R.13 Proviso CPC...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Two remedies available to defendant are, First to file an application U.O.9.R.13 CPC to set aside ex parte decree and second to file an appeal u/s 96(2) CPC...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 106(3)-- Execution - Setting aside ex parte order passed in execution petition - Application has to be filed within 30 days from the date of order and not from the date of knowledge...........
MANIPUR HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay of 175 days - Delay not properly explained except throwing blame on Advocate for which there is no supporting material or affidavit - Having entered appearance through counsel, there is no reason for defendant to plead that failure on part of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for specific performance - In execution of decree sale deed executed - Summons of case received by mother but mother did not bring the receipt of summons to the notice of defendant - Defendant prepared to deposit the entire amount spent by plaintiff towards..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Application within 30 days of passing of ex parte decree - Parties engage Advocate and rely on Advocate to take care of their interests, if they are not properly advised by Advocate and when they immediately approach Court within stipulated period of limitation,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for permanent injunction - Plaintiff was aware of correct address of defendant but intentionally did not give the same - No explanation come forth in plaint or in evidence of giving other address of defendant, which was not supported by any documentary..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47-- Objection by JD No.3 - Execution - Ex parte decree - JD alleges that decree could not be passed without implementation of O.32.Rr.3, 3-A CPC, as he was minor at the time of passing of decree - However, contents of application nowhere contends that by virtue of decree interests of minor was..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d)-- Ex parte divorce decree - Setting aside - Second marriage after passing of ex parte decree and expiry of limitation for filing appeal - Ex parte decree set aside in appeal filed against order refusing to condone delay to file application to set aside ex parte decree - Second wife not made party in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Counsel pleading no instructions - Notice to defendant not given - Defendants should be given a chance to contest the suit on merits - Ex parte decree set aside subject to payment of costs of Rs.10,000/-...........

Showing : 1-10 of 587 Results