Civil Procedure Code, 1908, Section 2(9), Order 9, Rule 6, 13, Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 20, Rule 1, 4(2) -- Defendant proceeded ex parte - Merely for this reason, allegations in complaint cannot be accepted to be correct - Court has to record a finding or call for evidence in support of the plaint allegations...........
Civil Procedure Code, 1908, Order 5, Rule 20, Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for declaration on the basis of adverse possession - Defendants order to be served by way of publication - Exparte decree - Setting aside ex parte decree - Ex parte decree passed without publishing notice for service on defendant as directed by Court - Order setting aside..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Suit for declaration on the basis of adverse possession - Suit decreed exparte - Setting aside of ex parte decree sought for - Ex parte decree declaring plaintiff as Bhumidhar of trust property on basis of adverse possession - Applicant claimed to be Manager of trust after death of her husband who was manager of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Summons - Non appearance despite service of summons - Accused cannot be proceeded exparte as in a civil suit - In a criminal complaint evidence for the prosecution and defence is to be taken in presence of the accused - No ex parte decision regarding the guilt or otherwise of accused can be..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause for non appearance - Plea that defendant had gone outside State to earn his livelihood and pairokar failed to take proper care of the case - Plea shows sufficient cause for non appearance as well as delay in filing application - Exparte decree set aside subject to payment of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Service of summons through substituted service by publication of notice in newspaper - Limitation - Starts to run from the date of knowledge of ex parte decree and not from the date of passing of the decree -..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Ex parte decree against the wife for restitution of conjugal right - Wife not joined - Husband filed divorce petition and afterwards withdrew on the assurance of the wife that she will live with him - Again she did not join - Second divorce petition filed by husband - Again she made excuse of illness and of getting..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction petition - Tenant not appearing despite service of summons by registered post and through process server - Tenant proceeded exparte and exparte eviction order passed - Application to set aside ex parte order dismissed and tenant did not file any appeal - High Court in such a situation cannot set aside ex parte order..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Defendant who has not filed written statement but is appearing Court cannot be proceeded ex parte - He can cross examine plaintiff's witnesses but such defendant cannot be allowed to lead evidence of his own - Cross examination should be limited to point out the falsity or weakness of plaintiff's case but in cross examination..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Exparte decree - Two options are available - One to file appeal and second to file application U.O.9.R.13 - If appeal is dismissed then application U.O.9.R.13 is not maintainable but not the vice versa - On dismissal of application U.O.9.R.13 remedy of appeal..........
