Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Ex parte decree was set aside not only on the ground that summons was not duly served but also for the reason that even otherwise, service of summons by registered post did not assume any significance as no attempt was made to effect service thereof by general mode - Held, reasoning was..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d), Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Held, order rejecting an application u/s 5 of the Limitation Act filed in proceeding initiated U.O.9.R.13 of the Code is an appealable order...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d), Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Held, order dismissing application u/s 5 of the Limitation Act - Is an appealable order - Revisional proceedings under any provisions of law would not lie against said order...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 15 -- Ex parte decree - Setting aside - Non service of summons - Service of summons on one family member is not service of summons on all the family members when all family members are not residing together and some are residing in a different city and some others are..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Courts are liberal in setting aside ex parte decree as a lis should be decided on merits and not by default...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application to set aside ex parte decree filed immediately after ex parte decree was passed and that too without inspection of suit file - Shows that they must be keeping track of the suit - Defendants thus have not come to Court with absolute clean hands - Ex parte decree set aside subject..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Magistrate can grant interim maintenance ex parte on basis of affidavit...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 9, Rule 7 -- and - Ex parte decree - Setting aside of - Application for - Maintainability - Held, an order on an application U.O.9.R.7 CPC will not preclude the Court to consider the application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 9, Rule 13 -- and - Ex parte decree - Restoration application - Amendment therein - Amendment sought for and allowed by two Courts below is being challenged by petitioner on ground that it changes nature of case - Amendment sought to add that due to lawyer's mistake it could not be mentioned..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13, Madras High Court (Original Statement) Rules, 1956, Order 5, Rule 1 -- Written Statement - Delay of about five years in filing - Condonation of delay - Appellants did not choose to file written statement for nearly five years - They have not filed written statement till they were set..........
