Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Irregularity in the service of summons - Ex parte decree not to be set aside if Court is satisfied that defendant had notice of date of hearing and had sufficient time to appear and answer the plaintiff's claim...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Service of summons - Defendant after having read the summons refused to accept the same - Provision of O.5.R.17 CPC complied with - Where a defendant refuses to accept summons, Court shall declare that..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 1026 days - Suit for specific performance - Liberal view has to be taken in the matter of condonation of absence of a party especially in a suit for specific performance unless negligence is so grave to the extent of outweighing..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Once the counsel had withdrawn his Vakalatnama, in normal course, trial Court ought to have issued notice to defendants to engage another counsel - However, trial Court committed error by proceeding ex parte...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte decree - Setting aside - Suit was at the stage of plaintiffs evidence - Evidence of defendants had not even started - O.17.R.2 Explanation CPC could not be invoked by High Court and based upon it holding that an application U.O.9.R.13 CPC would not be maintainable, as..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 401 days - Defendant was aged about 73 years and suffered from jaundice - Reasoning put forth by defendant is within contour of definition "sufficient cause" - However, due to delay, plaintiffs would have definitely suffered..........
Matrimonial dispute -- Speedy disposal of cases relating to marriage and family affairs within a time frame - Guidelines issued for strict observance by all Family Courts in Delhi, till such time rules are formulated by State Government in consultation with High Court of Delhi Viz. (A) Issue of Summons: When a suit has been duly instituted, a summons may be issued to..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC filed after inordinate delay of about 7 years after putting in appearance by defendant in execution proceedings - No reason offered by defendant for not filing application for setting aside ex parte decree for a period of almost seven years - Order..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Exparte decree - Setting aside - Refusal to accept summons - No report of affixation of summons - Non compliance of O.5.R.17 CPC - Service cannot be deemed to be effective one - Order setting aside ex parte decree calls for no interference...........
Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Cause Courts Act, 1887, Section 17 -- Ex parte decree - Setting aside - When a decree is passed by a Court of Small Causes ex parte u/s 17 Proviso of the Act, applicant who files an application to set aside the ex parte decree is bound to do the following: (i) he must deposit in Court, the amount due under..........
