Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19, Civil Procedure Code, 1908, Order 29, Rule 2(b) -- Service of summons - Suit against company - Summons may be served by leaving it or sending it by post address to the Corporation at the registered office or if there is no registered office, then at the place where Corporation..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant has not only failed to show sufficient cause for his prolonged absence before trial Court but has also approached High Court after exhausting two rounds of adjudication both trial Court and revisional Court having concurrently..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Limitation - Defendant was duly served and even filed written statement - Limitation for moving application for setting aside ex parte decree U.O.9.R.13 CPC thus, to commence from date of ex parte decree and not from the date of alleged knowledge...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Reasons for delay were well explained in application U.O.9.R.13 CPC and thereafter application u/s 5 of Limitation Act was also submitted for condonation of delay - Application U.O.9.R.13 CPC was not defective - Moreover, delay was hardly of six days and same was explained by petitioners - Ex..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside ex parte decree and condonation of delay are different on the basis of facts and events - These proceedings must be adopted and pursued independently...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree set aside while condoning delay - However, there was no justification for setting aside ex parte decree - Order condoning delay affirmed whereas order setting aside ex parte decree set aside - Trial Court to decide application afresh...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - There is no need to file a separate application for condonation of delay - Hyper technical view that there is violation of mandatory provision of law cannot be taken - Taking such a view would effectively mean ignoring the purpose of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendants have already filed written statement and they were diligent enough to defend the suit - They came to know about ex parte decree only when they received notice in execution proceedings - Defendants ought to be given an..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay in filing application U.O.9.R.13 CPC - Claim of being alcoholic patient is not a sufficient cause to condone the delay of his inaction in filing written statement - Delay not condoned...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Madras High Court Original Side Rules not complied with - Order directing deposit of 75% of suit claim as condition precedent for condoning delay and for setting aside ex parte decree - Held, unwarranted - Instead an order of payment of cost should have been..........
