Civil Procedure Code, 1908, Order 23, Rule 1 -- Compromise decree - Separate suit to set aside - Decree under challenge alleged to be not merely lack of consent but also a case of impersonation - Held, suit for setting aside decree is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 20 -- Exparte decree - Setting aside - Summons not duly served - Report of refusal - Not attested by an independent witness - Process server was told that defendants had gone to his workshop - Does not amount to refusal - No justification to order substituted service - Order..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte order of eviction - Setting aside - Summons received back with report of refusal - Substitute mode of service adopted - Petitioner was duly served through Munadi and affixation for the date fixed - Non appeared - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 20 -- Exparte divorce Proceedings - Setting aside - Summons not duly served - No occasion to effect substituted service by way of affixture unless shown that service was refused - Decree obtained in fraudulent manner in undue haste to perform remarriage - Conduct of husband..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Divorce - Exparte decree - Setting aside of - Condonation of delay - No knowledge of ex parte decree, held, to be sufficient cause for condonation of delay - Decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 2 -- Exparte decree - Setting aside - Non supply of copy of plaint alongwith summons - Only an irregularity - Ex parte decree cannot be set aside on this ground...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Plea that summons not served - Process server proved his report according to which summons of petition was served upon petitioner himself - Signatures of petitioner on summons served upon him for appearance in ejectment petition were duly proved - No suggestion put to process server that he..........
Punjab Land Revenue Rules -- Appointment of Lambardar - Order of Collector - Interference with - Held, choice of Collector cannot be set aside lightly - It can only be set aside when his order is perverse, illegal and suffers from material irregularities and is violative of rules and procedures - Commissioner while setting aside order of Collector had not recorded reasons..........
East Punjab Urban Rent Restriction Act, 1949, Section 15,15(1)(b) -- Eviction petition - Ex-parte order - Setting aside of - Appellate Authority dismissed application for setting aside ex-parte order being not maintainable - Held, order refusing to set aside ex-parte order of eviction is appealable before Appellate Authority as appointed under provision of Act...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58, 97 -- Auction sale - Setting aside - Separate suit - Party to original suit alone is precluded from instituting separate suit - A person who is brought on record as legal representative and that too at the stage of execution cannot be prohibited from instituting separate suit challenging sale conducted in..........
