Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Service by Munadi - When defendant is served by substituted service of munadi then heavy burden lies on the plaintiff to prove that defendant in fact was made aware about the filing and pendency of the suit...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - No evidence that defendant had knowledge of pendency of suit - Defendant neither served personally nor through registered post nor through publication in any newspaper having wide circulation in the locality - Held, service through Munadi cannot be said to be a valid and sufficient service -..........
Evidence Act, 1872, Section 44 -- Industrial Disputes Act, 1947 - Workmen having made full and final settlement with his employer still approached labour court - However case dismissed as settled in view of full and final settlement already effected - Workman filed another case in the labour court and got ex-parte award - Workman filed application U.O.9.R.13 CPC for..........
Constitution of India, 1950, Article 226, 227 -- Industrial Disputes Act, 1947 - Workmen having made full and final settlement with his employer still approached labour court - However case dismissed as settled in view of full and final settlement already effected - Workman filed another case in the labour court and got ex-parte award - Workman filed application U.O.9.R.13..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Industrial Disputes Act, 1947 - Workmen having made full and final settlement with his employer still approached labour court - However case dismissed as settled in view of full and final settlement already effected - Workman filed another case in the labour court and got ex-parte award - Workman filed application U.O.9.R.13..........
Civil Procedure Code, 1908, Order 26, Rule 10A(1) -- Handwriting expert - Comparison of signatures - Application for - Defendant No.1 was proceeded ex parte - Defendant No. 4 sought examination of signatures of defendant No.1 through handwriting expert - Trial Judge rejected application on the grounds viz. want of facility for examining documents by handwriting experts in..........
Consumer Protection Act, 1986, Section 15 -- Ex parte order - Appeal - Limitation - Condonation of delay - Appeal filed with a delay of 605 days - Application for condonation of delay vague - Notice was duly served on OP by the learned District Forum - Plea that he was not aware of the complaint pending repelled - Appeal liable to be dismissed as barred by limitation...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 12, 15 -- Ex parte decree - Setting aside - Service of summons on adult son of defendant - No reason given as to why summons was served upon son and not upon the defendant - Service of summons on adult member of family pre-supposes long absence - In case of service of summons on adult..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Two options available are viz. defendant can seek setting aside ex parte decree or can challenge ex parte decree by filing an appeal - When an appeal is filed challenging the decree on its merits or on any other ground and the same when dismissed on any ground other than its withdrawal then an application..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(8) -- Eviction petition - Ground of arrears of rent - Suit decreed ex-parte when tenant not appeared - Tenant filed application U.O.9.R.13 CPC for setting aside ex-parte decree - Question whether tenant was required to deposit arrears of rent at the time he filed application..........
