Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 43, Rule 1(d) -- Ex parte decree - Application to set aside ex parte decree dismissed - Appeal against order dismissing application is maintainable - Petitioner can canvass the circumstances which transpired earlier to seek the indulgence of the Court for issuing appropriate..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 11 -- Ex parte decree - Setting aside - Rejection of application - Validity - Service has not been affected personally on all defendants - Application U.O.9.R.13 CPC has been dismissed by both Courts bellow - Held, according to the provision of O.5.R.11 CPC, save as otherwise..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application to set aside ex parte decree filed immediately after ex parte decree was passed and that too without inspection of suit file - Shows that they must be keeping track of the suit - Defendants thus have not come to Court with absolute clean hands - Ex parte decree set aside subject..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 43, Rule 1 -- Dismissal of application to set aside ex parte decree - Appeal u/s 96(2) thereafter challenging ex parte decree not maintainable - Defendant can only avail remedy U.O.43.R.1 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Suit was set ex parte on 13.07.2001 - No steps were taken by petitioner and other defendants as well as Govt. Pleader till February, 2003 - Application U.O.9.R.13, CPC filed 01.02.2003 - Held, delay in filing application U.O.9.R.13, CPC..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 41, Rule 21 -- Ex parte decree - Setting aside - Sale deed was executed in favour of "R" - "R" was not arrayed as party either at the stage of the suit or at the appellate stage and a judgment was rendered against her - Trial Court allowed the application and set aside the ex parte decree -..........
Civil Procedure Code, 1908, Section 9, Order 9, Rule 13 -- Separate suit to set aside ex parte decree on the allegation of fraud - Not maintainable at the instance of a person who was party to the said ex parte decree - The only remedy available is to file an application to set aside ex parte decree and further remedy in the form of appeal or revision - Remedy of filing..........
Civil Procedure Code, 1908, Order 9, Rule 13, 6 -- Ex parte decree - Defendants appeared but failed to file written statement - Ex parte decree against defendant - Setting aside of - Held, if in the suit in which defendants appear but failed to file written statement, however plaintiff had filed evidence either on affidavit or otherwise, then decree passed on the basis of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Held, while dealing with application to set aside ex parte decree or condoning delay in setting aside ex parte decree, Court will not deal with merits of case...........
Civil Procedure Code, 1908, Order 5, Rule 2, Civil Procedure Code, 1908, Section , Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside of - Summons not duly served with copy of plaint - Condonation of delay - Appellant had given contradictory statements - Facts were not properly disclosed in affidavit filed in support of application for..........
