Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Rights of parties not to be defeated merely on technicalities - Courts are liberal to set aside the ex parte decree even when sufficient cause is not shown and visit the defaulting party with costs as panacea for the inconvenience and the difficulty caused to a decree holder - The dilution of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 41 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC dismissed - Appeal also dismissed - Revision pending in High Court - Defendant also filed appeal against ex parte decree - Held, first appellate Court can still hear and decide appeal during pendency of revision in the High..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Application for setting aside - Delay of 792 days - Condonation - Written statement was already filed within time - Suit itself is for seven pro-notes - Petitioner would state that because of the communication gap between himself and his Advocate and that too because of his..........
Arbitration and Conciliation Act, 1996, Section 34 -- Award - Setting aside of - Duty of Court - Held, trial Court cannot sit as Court of Appeal over the award of arbitrator - Trial Court cannot examine merits of claim by examining evidence and material on record - In present case, arbitrator, who was a technical expert, after examining material on record, came to the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Suit for partition among near relatives and ex-parte decree was passed - Held, delay could be condoned, by way of giving an opportunity to defendants, in the interest of audi alteram partem, subject to payment of total cost of Rs.5000/-..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Application for setting aside abatement - Condonation of delay - Application filed by applicants for bringing them on record as heirs and LRs of deceased appellant after a period of 11 years - Proposed LRs No.3(a) has signed the affidavit in English - A bare perusal of Vakalatnama signed by..........
Arbitration and Conciliation Act, 1996, Section 34, 16(2) -- Award - Setting aside of - Objection regarding jurisdiction - Held, S.16(2) of the Act clearly stipulates that objection regarding jurisdiction of arbitrator has to be raised not later than the submission of statement of defence - In instant case, no such objection was raised by Miller before arbitrator either in..........
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 101 -- Ex parte award - Setting aside of - Plea of no, service of summons - Evidence not adduced that summons were not duly served upon company but to some unknown person not working in company had received same - Company failed to prove that summons were not served upon it and thus had failed to..........
Arbitration and Conciliation Act, 1996, Section 34 -- Award - Setting aside of - No claim regarding supply of rice not conforming to specifications falling within purview of Clause 6(i) of agreement which is excepted from purview of arbitrator - PUNSUP did not claim recovery of one and half times of economic cost of paddy and rather claimed only cost of short quantity of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Held, in appropriate cases delay could be condoned, however, there should not be any element of willful negligence on the part of the defaulting party in prosecuting the matter...........
