Showing : 91-100 of 157 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Proviso - Exparte decree - Setting aside - Defendants not served with summons - Proviso of O.9.R.13 does not come into play...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Consent decree-- Challenged on grounds of fraud and impersonation - Set aside on following grounds - - (i) Summons for service of defendant sent on wrong address, not served upon her. (ii) Advocate alleged to have appeared on behalf of defendant, well acquainted with plaintiff and his father. (iii) Statement of..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Defendant for getting it set aside is required to establish that either summons were not served on him or he had sufficient cause for remaining absent on the date fixed for hearing the suit ex parte...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123-- Exparte decree - Setting aside - Limitation - Summons not duly served - Limitation of 30 days starts to run from the date of knowledge of the decree...........
MADRAS HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Returned with endorsement `there was no such addressee' - Address mentioned on postal cover not disputed - Summons served at the same address - Accused did not chose to enter into the witness box - When questioned u/s 313 Cr.P.C. accused did not say that notice was..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 6(1)(c), Limitation Act, 1963, Article 123-- Exparte decree - Setting aside - Limitation - Starting point - When summons is not accompanied with copy of plaint or when summons is served after date of appearance, then period to set aside exparte decree starts to run from date of knowledge of exparte decree...........
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...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Limitation - 30 days - Starting point is date of decree - However, in case summons or notice is not duly served then it is from the date of knowledge of the decree...........
RAJASTHAN HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Exparte decree - Setting aside - Substituted service - Summons returned unserved due to wrong address - Correct address not furnished - Court ordered substituted service on being made to believe by filing affidavit that defendant could not be served despite various efforts made - No reason to..........
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...........

Showing : 91-100 of 157 Results