Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Some of the defendants preferred an appeal upto the Supreme Court - Application to set aside ex parte decree at the instance of some of the legal heirs of deceased defendant who were not brought on record is not maintainable as estate of deceased defendant was fully represented by the heirs..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Application to set aside - Service through newspaper without exhausting mode of personal service - No material to infer that defendant had otherwise knowledge of proceedings - Ex parte decree set aside - Held, there was gross error in ordering substituted service without disclosing why personal service was..........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Delay in filing objections to arbitrating award and delay of 385 days in filing appeal - Delay due to lapse on the part of the officials of the appellant - It is duty of court to protect public money from being squandered away by Corporation who are not looking after public interest seriously - Their officers..........
Civil Procedure Code, 1908, Article 135, Order 21, Rule 1, Civil Procedure Code, 1908, Article 135, Order 9, Rule 13 -- Execution - Ex parte decree - Application filed U.O.9.R.13 CPC to set aside ex parte decree - D.H. restrained from proceeding with the execution during the pendency of the application U.O.9.R.13 CPC - Application U.O.9.R.13 CPC dismissed - Appeal arising..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application U.O.9.R.7 CPC can be filed at any stage till such time the arguments have not been heard...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Ex parte order can be set aside when good cause is shown - Counsel did not inform defendant about development of the case and it was not possible for defendant to attend the proceedings on every date as he was living in a different city - Sufficient cause shown - Order setting aside ex parte..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Report of `refusal' on summons - Court ordered service of summons through publication in newspaper - Newspaper not having wide circulation in the area where defendants reside - Substituted service through publication can be accepted only when it is proved that newspaper has wide circulation..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Housing - Flats construction project - Investment made to the tune of full price of flat - Guaranteed returns promised for a period of five years and after five years buy back of the said flat assured - Construction of flats not started by OP and after sometime cheques of guaranteed amount started bouncing -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC is not maintainable once an appeal against an ex parte decree is filed and appeal is disposed of on any ground other than its withdrawal...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Explanation - Ex parte decree - Setting aside - Explanation only provides that restoration applciaotn would not be maintainable and does not provide that appeal would not be maintainable...........
