Civil Procedure Code, 1908, Section 47, Order 26, Rule 9 -- Ex-parte decree - Execution of - Appointment of Commissioner for fixation of boundaries - Not a case the decree is void or inexecutable - Held, refusal to appoint Survey Commission on ground that detailed enquiry regarding fixation of boundary cannot be carried out in execution proceedings, improper - Executing..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons sent through registered post only and not through the process serving agency - Plea that it is not service in terms of procedure provided in CPC - Held, merely because the notice had not been served through process of Court will not be material as the object is to intimate any party..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Defendant when proceeded ex parte or when written statement not filed - Plaintiff has to make out a case against defendants impleaded in the suit for the relief claimed - They had to stand on their own legs - Court is duty bound to consider the pleadings and the evidence produced on record and consider the contentions in..........
Civil Procedure Code, 1908, Section 115, Order 22, Rule 10A -- Revision - Non-substitution of other heirs - Recall of ex parte award - Other brothers of revisionist were not impleaded as party in the claim petition - Revisionist moved an application for recall of ex-parte award made against him - Application was rejected without considering the fact that all the heirs have..........
Specific Relief Act, 1963, Section 28 -- Suit for specific performance - Balance sale consideration - Extension of time - Subject matter of suit situated in the city of Hyderabad - Agreement of sale is of the year 1985 - Petitioner filed suit 21 years after entering into agreement of sale - Whole face of the city has undergone a radical change during last decade leading to..........
Civil Procedure Code 1908, Section 96(2), Order 9, Rule 13 -- Appeal against ex parte decree - Appellate Court cannot consider the question whether appellant was prevented by sufficient cause for not appearing in the trial on the day of trial - Appellant cannot urge any of the grounds which he could have rised in an application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons not served on defendant properly - Only an AD receipt of summons sent by registered AD post produced which did not bear any seal and signature of authorized person of Company - No interference is called for in order of trial Court setting aside ex parte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13, Constitution of India, 1950, Article 226 -- Ex parte decree - Setting aside - No summons were served on respondent though a LTI has been affixed to denote that summons were served, but name of witnesses whose LTI endorsed on summons did not mention parentage, is also not there - Service report also pointed out that someone has..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Counsel noted down wrong date - On next date of hearing, case was not shown in cause list - Application filed in Court seeking direction to Ahlmad to trace file - In the event, case is not shown in cause list, proceedings which may have taken place on previous date of hearing could merely..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Limitation - Knowledge of ex parte decree - Petitioner himself not stepping into the witness box and not stating as to when passing of ex parte decree came to his knowledge - Held, statement of petitioner's attorney as witness cannot fill the gap - It was only the petitioner who could have..........
