Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Depending upon facts of each case, Court can decide application to set aside ex parte decree on the basis of affidavits - Evidence need not to be led in all cases...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Once there is specific allegation regarding fraud, misrepresentation, coercion as well as pressure and getting the signatures on blank paper then Court has rightly allowed the application of defendants and allowed to appear and contest the suit by filing the written statement - So far as the..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - For the purpose of setting into motion the arbitral procedure the Chief Justice or his designate is required to decide the issues, namely, (i) territorial jurisdiction, (ii) existence of an arbitration agreement between the parties, (iii) existence or otherwise of a live claim, and (iv)..........
Estoppel -- Trust which had accepted ownership of property with Govt. and which was pleading for a transfer in its favour for consideration would be estopped from setting up a plea against Govt. and denying vesting of property with custodian...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ex parte decree - Setting aside - Appeal against order refusing to set aside ex parte decree - Summons were duly served by ordinary post as well as by affixing and by registered post and finally by publication in the newspaper where defendant carries on business - Amount of..........
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 - Negligence on the part of lawyer - Plea cannot be accepted for the reason that defendant has not taken any action against the concerned lawyer for remaining negligent - Only conclusion that could be drawn is that defendant himself had remained negligent in attending suit proceedings - No..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant deliberately concealed the material facts from Court - Court below having verified the record and recording the conduct of defendant had rightly rejected the application of appellants...........
Civil Procedure Code, 1908, Order 21, Rule 89, Limitation Act, 1963, Article 127 -- Auction sale - Setting aside - Condonation of delay - Application to set aside sale U.O.21.R.89 CPC is governed by Art.127 of Limitation Act - S.5 of Limitation Act has no application for condoning a delay in making such application...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application U.O.9.R.7 CPC is not maintainable when filed after closure of evidence when case is posted for judgment...........
