Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay satisfactorily explained - Order dismissing delay condonation application set aside - Trial Court to decide application U.O.9.R.13 CPC expeditiously in accordance with law...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Limitation - Delay in filing application - Application for condonation of delay also not filed - Held, limitation to file application was thirty days and said limitation period started from the date of decree because defendants had been duly served in suit and were also represented by their..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application filed within 30 days of receipt of certified copy - Knowledge of ex parte decree 11th Sep. - Applied for copy on 12th Sep. - Date fixed for supply of copy 13th Sep. - Copy not ready on that date - Copy ready on 18th Sep. - No notice that copy is ready given - Copy received on 25th..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, 15, Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction - Ex parte order - Setting aside - Petitioner filed instant revision petition u/Art.227 of Constitution of India whereas his remedy against ex parte order of eviction lies u/s.15 of the Act of 1973..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Held, Court though having wide powers to condone delay but discretion to be exercised judiciously - None of defendants' witnesses explained delay, much less satisfactorily explained each day's delay - Delay cannot be condoned...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 3 -- Ex parte decree - Setting aside - Decree passed without considering as to whether suit is within limitation or not - Ex parte decree set aside...........
Civil Procedure Code, 1908, Section 5, Order 9, Rule 13(As - - Ex parte decree - Setting aside - Delay - Condonation - Application for setting aside ex parte decree can be filed even after the prescribed period of limitation, if the applicant satisfies the Court that he was prevented by sufficient cause from filing the application within prescribed time...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay - Non appearance of Advocate, his failure to communicate that defendant is proceeded against ex parte and defendant's lack of knowledge of ex parte judgment - Can be treated as sufficient cause for condoning the delay and setting aside the ex parte..........
Civil Procedure Code, 1908, Section 141, Order 9, Rule 13, 9, Limitation Act, 1963, Article 122 -- Restoration of restoration application - Dismissal of application U.O.9.R.13 CPC for non appearance - Restoration application U.O.9.R.9 CPC is maintainable and limitation to file such an application is 30 days in view of S.141 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 3, Article 123 - - Ex parte decree - Setting aside of - Limitation - Held, period of limitation for filing application U.O.9.R.13 CPC is to be reckoned from the date of knowledge of passing of ex-parte decree - Court has no jurisdiction to entertain such application after expiry of period of..........
