Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Wrong address of defendants given by plaintiff - Report of process server recorded that defendants already left the said address - Plaintiff on 5 consecutive hearings, did not give the correct address nor filed any registered AD - Alleged service of defendants on the same address by means of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons not served to defendant - Presuming the service of defendant in the order sheet on the basis of refusal cannot be considered to be justified and legally perfect, particularly when registered address filed along with it is alleged to be forged and not actually filed by defendant -..........
Protection of Women From Domestic Violence Act, 2005, Section 21, 23(2) -- Ex parte order - Interim custody of child - Magistrate is empowered to pass an ex parte order in granting interim/temporary custody of any child or children to aggrieved party even basing on the affidavit filed by such aggrieved party without notice to respondent - However, Magistrate has got power..........
Protection of Women From Domestic Violence Act, 2005, Section 21, 23(2) -- Ex parte order - Interim custody of child - Father took away his girl child less than 5 years, while mother was sleeping - Prima facie it appears that father committed the act of domestic violence on the mother of child and the manner in which father separated the child from her mother - Magistrate..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Until and unless ex parte decree is set aside by a competent Court of jurisdiction in an appropriate proceeding, first appellate Court should not have disturbed or interfered with valuable rights of appellant which stood crystallized by ex parte decree without opening of whole case for..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Application cannot be allowed by relying upon contents of application which is supported by affidavit when same is belied by documents placed on record - Moreover grant of costs is not panacea in such a case - Impugned order setting aside ex parte order, set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - When defendant dies after passing of ex parte decree against him, his legal representatives can apply U.O.9.R.13 CPC to set aside the ex parte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Death of original defendant after ex parte decree - LRs of deceased defendant were brought on record - However, original defendant was not prevented by sufficient cause from appearing on the date of hearing and was negligent right from the initial stage of case - Summons were also duly served..........
Civil Procedure Code, 1908, Order 15, Rule 1 -- Disposal of suit at first hearing - Question as to whether parties are at issue on a question of law or fact, can be decided only after stage prescribed in O.14 of the Code is crossed - Question of framing issues arise either after the defendant files written statement or after the defendants are set ex parte - Court can come..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3, 3A -- Ex parte interim injunction - Granted without notice to other side and without recording any reason for doing so - Not proper, particularly, when application U.O.39.Rr.1, 2 CPC was not adjudicated within one month by ignoring legislative mandate incorporated in O.39.R.3-A CPC...........
