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..........
Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Cause Courts Act, 1887, Section 17 -- Ex parte decree - Setting aside - Security for performance of decree - Security furnished by defendants in the form of rented shop belonging to third party cannot be accepted as security in law...........
Civil Procedure Code, 1908, Order 43, Rule 1(d), Civil Procedure Code, 1908, Order 9, Rule 13 -- Appeal U.O.43.R.1(d) CPC - Against an order refusing to set aside ex parte award passed in proceedings under Motor Vehicle Act - Not maintainable in the absence of there being any express provision in that regard provided under Rajasthan Motor Vehicle Rules...........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings pending decision of application U.O.9.R.13 CPC - No reasons forthcoming for not filing application for stay at a early date - Even application U.O.9.R.13 CPC has been filed only in the year 2019 - Liberty is thus, granted to defendant to file an..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Refusal to accept summons - In such scenario, it is incumbent upon process server to affix the notice as provided U.O.5.R.17 CPC and in absence of such affixture it has to be presumed that they were not served at all - If affixture is not made by..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree cannot be set aside on the ground of irregularity in service of summons, if Court is satisfied that defendant had notice of date of hearing and had sufficient time to appear in Court...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Wife had been duly served with summons in divorce petition - There is no irregularity in service of summons - Wife had handed over the copy of divorce petition to her advocate which leads to conclusion that she had notice of date of hearing and had sufficient time to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Appellants not appeared before trial Court even after service through Registered AD - Registered AD notice was personally sent to appellant no.1 which was personally served on him - Registered notice sent to appellant No.2 bears the signature of one `S' but no document submitted that `S' as..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Court is required to see conduct of party even while deciding an application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Defendant refused to accept the summons - Summons were affixed on the premises where defendant was residing - There is thus, valid service of summons upon defendant - Application U.O.9.R.13 CPC rightly dismissed...........
