Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, Security Interest (Enforcement) Rules, 2002, Rule 8(6), 8(7) -- Auction sale - Setting aside - Mandatory notice of 30 days was not given to the Borrower before holding the auction/sale as admitted by Bank - Setting aside of auction/sale cannot be faulted with -..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Service of summons - No sincere attempt was made to effect service of respondent by ordinary course or by sending summons by registered post - Mere service by publication in newspaper was not sufficient - Neither sufficient ground for ordering substituted service of respondent by publication in..........
Auction sale -- Setting aside - Confirmed auction sale could have been interfered with only when there was a fraud or collusion...........
Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Section 5 -- Ex parte order - Setting aside - Condonation of delay of 14 years - No satisfactory or reasonable ground given by appellant explaining delay - Appellant has been grossly negligent in pursuing the matter before trial Court - Delay cannot be condoned - Application U.O.9.R.7 CPC rightly rejected...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Whether senior citizen has any independent income or not is not the relevant factor to be considered while deciding an application filed by senior citizen for setting aside transfer deed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Process server was disclosed that defendant is serving in Delhi police - However, no attempt made by plaintiff to serve defendant at his office address - Ex parte decree rightly set aside...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Whether senior citizen has any independent income or not is not the relevant factor to be considered while deciding an application filed by senior citizen for setting aside the transfer deed...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - First appellate Court has not set aside the judgment of trial Court after discussing the merits of the case - There is no categorical appraisal of reasons recorded by trial Court before setting aside judgment and decree passed by trial Court - Order of first appellate Court remanding case back to trial Court set..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 12 -- Ex parte judgment - Setting aside - Proceedings u/s 12 of Hindu Marriage Act - Wife was not duly served with notice and procedure adopted for directing substituted service being vitiated, therefore, ex parte judgment set aside - Matter remanded back to Family Court for decision afresh ...........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal - Order setting aside ex parte decree and remand of case - Suit decided without affording opportunity to parties to adduce evidence on the issues framed - Trial Court therefore decided the suit without following due procedure of law, which is gross illegality in the eyes of law - Order setting aside ex parte decree..........
