Civil Procedure Code, 1908, Order 17, Rule 2 -- Proviso (d), S.35-B, Gujarat Co-operative Societies Act,1962, S.98, S.103 - Recovery proceeding - Co-operative Society case - Failure of lawyer to appeal on the date fixed - Ex parte award - Mere sending of telegram informing of his sickness without following proper adjournment procedure - Or mere filing of restoration..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - `Sufficient cause' - Has to be construed liberally - Sufficiency of grounds has to be examined - Expression `sufficient cause' and `upon such terms as to costs' and `otherwise as it thinks fit' gives considerable amount of latitude to the court when defendant comes to court for setting aside..........
Punjab Land Revenue Act, 1887, Section 113, 20, 21 -- Co - sharer not served notice of partition proceedings by Assistant Collector - Since co - sharer not given opportunity of being heard - Due process of law not completed at the level of Assistant Collector whose act of proceeding ex parte against co - sharer was wrong - Any decision by Assistant Collector would be..........
Civil Procedure Code, 1908, Section 39 -- Execution - Transfer of decree to another Court on ground that J.D's properties situate at that place - Order of transmission of decree for execution is a ministerial act and can be made ex parte - J.D. cannot challenge such order on ground that no notice was given to him before passing the order...........
Punjab Land Revenue Act, 1887, Section 13 -- Appeal - Dismissal in default - Restoration application also dismissed in default - Wilfully absent not once but twice - No option but to dismiss both times in default of absence - Merely adopted dilatory tactics - Ex parte order upheld...........
Ex parte proceedings -- Change of address - Non service of notice - Held that the denial of opportunity to contest the complaint - The impugned order liable to be set aside and complaint case remanded to the District Forum...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Ex parte decree - Negligence of counsel alleged - Appellant has not initiated any proceedings against the counsel for any such negligence - After filing of the written statement the defendants themselves chose to stop putting in appearance before the Ld. trial court - After having lost in the two courts below..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Decree of maintenance - Claim of maintenance meagre and moderate and was granted long before - Husband not providing any maintenance to wife for a long period - Ends of justice do not tilt in favour of husband so as to interfere with the ex parte decree of maintenance with the aid of O.9.R.13..........
Civil Procedure Code, 1908, Order 21, Rule 66, Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution - Exparte decree - Execution - Sale of property during pendency of application to set aside ex parte decree - Held, once there is an application for stay of execution proceedings in an application for setting aside ex parte decree, trial Court should not proceed to sell..........
Civil Procedure Code, 1908, Order 9, Rule 6, Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex parte suit proceedings - Neither issues nor judgment on every issue is required - However trial Court to frame `points for determination' and to decide points one by one - Merely because defendant is absent Court shall not admit evidence the admissibility whereof is excluded by..........
