Civil Procedure Code, 1908, Order 9, Rule 13, Succession Act, 1925, Section 263 -- Grant of probate - Ex parte order - Setting aside of - Held, S.263 of the Act has no application where a grant of probate has been made ex parte and an application has been made for setting aside of that ex parte order by a party who alleges that he was prevented by sufficient cause from..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Court should take a liberal view on the question of `sufficient cause' and should lean in favour of hearing to both the sides...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Service by Munadi - When defendant is served by substituted service of munadi then heavy burden lies on the plaintiff to prove that defendant in fact was made aware about the filing and pendency of the suit...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - No evidence that defendant had knowledge of pendency of suit - Defendant neither served personally nor through registered post nor through publication in any newspaper having wide circulation in the locality - Held, service through Munadi cannot be said to be a valid and sufficient service -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Industrial Disputes Act, 1947 - Workmen having made full and final settlement with his employer still approached labour court - However case dismissed as settled in view of full and final settlement already effected - Workman filed another case in the labour court and got ex-parte award - Workman filed application U.O.9.R.13..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 12, 15 -- Ex parte decree - Setting aside - Service of summons on adult son of defendant - No reason given as to why summons was served upon son and not upon the defendant - Service of summons on adult member of family pre-supposes long absence - In case of service of summons on adult..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Two options available are viz. defendant can seek setting aside ex parte decree or can challenge ex parte decree by filing an appeal - When an appeal is filed challenging the decree on its merits or on any other ground and the same when dismissed on any ground other than its withdrawal then an application..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Application for setting aside ex-parte decree - Suit involving adjudication of title of property after hearing the parties - Application allowed vide impugned order - Held, impugned order does not call for any interference...........
Civil Procedure Code, 1908, Order 13, Rule 4, 6, Civil Procedure Code, 1908, Order 18, Rule 4 -- Exhibiting document - Objection - Held, objection has to be dealt with then and there by passing verdict thereon after hearing concerned parties - Practice of considering the objection at the time of arguments, deprecated...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Section 35(b) -- Eviction petition - Non payment of costs - S.35-B CPC is not strictly applicable to rent proceedings - If cost is not paid, further opportunity can be granted to the erring litigant to condone the lapse on his part especially when the order whereby the evidence was..........
