Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside Ex-parte decree - Suit dismissed by Trial Court - Appeal filed before first Appellate Court - Defendant not served - Proceeded exparte - Application for setting aside exparte decree dismissed being barred by limitation - Defendant having won before Trial Court nothing to gain by not appearing in first appeal -..........
Punjab State Election Commission Act, 1994, Section 81, Evidence Act, 1872, Section 65, 74 -- Applicability of Code of Civil Procedure for deciding election petition - Nomination papers of five candidates rejected - Election petition - Returning Officer proceeded ex-parte, failed to file written statement and produced Election record - Original nomination papers not..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Condonation of delay - Application for - Appellant came to know of the ex parte judgment within two months of passing of the order dated 19.10.2004 but she did hot take any steps to file appeal - Appeal filed on 03.08.2006 - The delay in filing appeal has not been reasonably explained - Appeal liable to be dismissed as..........
Civil Procedure Code, 1908, Order 23, Rule 1, 2, 3A -- Deemed extension of ex-parte ad-interim injunction order - Nature & scope - Application for grant of interim injunction to be decided within 30 days from date an exparte injunction is granted - If not decided by Court within stipulated period, Court to record reasons for such inability - Trial Court granted ex-parte..........
Civil Procedure Code, 1908, Order 9, Rule 6, 13, Civil Procedure Code, 1908, Order 8, Rule 5, 10 -- Defendant sought adjournments from time to time to file written statement - Defendant thereafter failed to appear - Proceeded ex parte - On the adjourned date Court can proceed to decide suit ex parte after recording the plaintiff's evidence - Such judgment and decree is a..........
Civil Procedure Code, 1908, Order 9, Rule 6, 7, 8, 9, 10, 11, 12, 13 -- Failure of defendant or his Advocate to appear - Defendant to be proceeded ex parte and suit be adjourned for recording evidence of plaintiff - If on the adjourned date neither the defendants nor his Advocate appear, as contemplated by Rule 7, Court can proceed to pass a decree under Order 9 Rule 6 and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - 'Sufficient cause' for non appearance - Refers to the date on which absence was made a ground for proceeding ex parte - Previous conduct or negligence is not relevant...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside exparte decree - Application for recording a decree under O 12, R 6 - Defendant proceeded ex-parte - Ex-parte judgment and decree on admission of sum of Rs. 37, 24, 478/- passed - Application for setting aside ex-parte decree - Allowed by Trial Court with a condition to furnish security of Rs. 37 lacs in form of..........
Legal Services Authorities Act, 1987, Section 19, 20, 21 -- Lok Adalat - Ex parte award cannot be passed - Matter in Lok Adalat can be settled by consent of both the parties and award cannot be passed considering the case of the parties on merits based on their pleadings or evidence available on record - Exparte award set aside...........
Civil Procedure Code, 1908, Order 9, Rule 6, 7, 13 -- "No instructions" - Counsel also informed defendant regrading submission of `No instructions' Exparte decree can be passed without issuing fresh notice to defendant - Ex parte decree can be set aside on showing sufficient reasons for non appearance by defendant...........
