Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Ex parte order - Setting aside - Counsel not appeared on the relevant date which resulted in ex parte order passed against defendants - Party cannot be made to suffer for fault of counsel - Foreclosure of defendant's right to cross-examine PW1 and PW2 has resulted in grave prejudice to right of defence of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Defendant in cross examination in another suit admitted of knowledge of proceedings of the present suit - However, in cross examination there was no specific suggestion that he had been proceeded ex parte in the present proceedings and that he was aware of having been proceeded ex parte -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel pleaded no instructions - Court is required to issue notice to defendant - Nothing on record that counsel after pleading no instructions sent an intimation to his client - Moreso three witnesses of plaintiff were present for cross examination but counsel did not cross examine and..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Party, who was newly impleaded had just one chance for his appearance to file his written statement before he was proceeded ex parte - It will be too harsh to deny him even to file the written statement - Exparte order set aside - Permission granted to file written statement but he will have no..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Exparte order - Setting aside - Court has power to set aside exparte order and to impose costs and put the applicant on terms - Costs to be imposed should be reasonable so as to compensate the plaintiff for the loss of time and inconvenience - Court can direct the defendant to file written statement within an appointed time or..........
