Civil Procedure Code, 1908, Section 47, 100 -- Auction sale - Setting aside - Inadequacy of price - Property in auction cannot be sold for as much price on which it may be sold by private negotiations - If the auction amount is so inadequate that it shocks the conscience of Court then it may be taken as one of the grounds for setting aside the sale...........
Haryana Agricultural Credit Operations and Misc Provisions (Banks) Act, 1973, Section 8(i) -- Auction sale - Setting aside - No irregularity or illegality in conduct of auction - No case against executability of decree on grounds available under provisions of S.47 CPC, 1908 made out - Petitioner not entitled to any relief since auction itself has been confirmed and sale..........
Civil Procedure Code, 1908, Order 21, Rule 89 -- A person who claims an interest in the property is entitled to move an application for setting aside sale...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte order - Setting aside of - Held, U.O.9.R.7 CPC, it is incumbent on petitioner to assign good cause for his no, appearance on date he was set ex parte - Petitioner in his petition has not shown any cause, much less any good cause, justifying his no, appearance on date he was proceeded ex-parte except the only plea that..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Husband remarrying after six months and had a child out of wedlock - Plea of wife that summons not duly served - Husband failed to prove that despite lawful service of summons and knowledge of pendency of proceeding, wife did not appear - Held,..........
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..........
Civil Procedure Code, 1908, Section 47, Arbitration and Conciliation Act, 1996, Section 34 -- Setting aside of arbitral award - Objections u/s 47 CPC - Maintainability - Held, S.34 of the Act provides for setting aside the arbitral award - A detailed procedure is provided giving opportunity to the aggrieved party to challenge the award - The said Act is a special Act and..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3,9, Limitation Act, 1963, Section 5 -- Abatement - Setting aside of - Condonation of delay - Applicant didn't know about pendency of appeal before first Appellate Court - Applicant No.1 is a house wife, who has studied only upto 8th standard and applicants No.2 & 3 were minor at the relevant time - In heading of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte preliminary decree - Application for setting aside ex parte decree filed on 05.07.2008 and final decree was passed on 20.08.2009 - While final decree was passed, application for setting aside ex parte preliminary decree was pending - Held, it is perfectly within jurisdiction of court to entertain application to set..........
