Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons admitted - Assurance given by one defendant to the other defendant that he will be duly represented - Not a ground to set aside ex parte decree when defendant proceeded ex parte was aware of the proceedings and he neither took any pains to ensure that he was represented..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Normally when the suit reaches the stage of rebuttal evidence or arguments, it should not be dismissed in default - Even, if it has been dismissed in default, the same should be restored when plaintiff files application by holding that plaintiff could not afford to intentionally..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Ex parte decree set aside on payment of Rs.11 lacs which was towards advance and interest - Imposition of condition to pay entire decretal amount is meaningless to set aside ex parte decree - Reduced to 50% - Ex parte decree set aside on payment of Rs.5.50 lacs..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Report of refusal - Process server did not know defendant personally - Witness who identified defendant not examined - It is quite possible that plaintiff might have procured the report of refusal by presenting somebody else as defendant - No person from the village examined to depict that..........
Civil Procedure Code, 1908, Section 92, 9 -- Private trust - There can be a Scheme suit even for a private trust - There can also be suits to protect trust properties, even without taking recourse to an action for framing of Scheme or for administration through interference of Court...........
Civil Procedure Code, 1908, Section 11, 9 -- Res judicata - Proceedings initiated in Consumer Fora - Not a bar to civil suit even when parties are same, cause of action is same and relief claimed is same - Civil suit is not barred by principle of res judicata even when proceedings initiated in Consumer Fora attained finality...........
Civil Procedure Code, 1908, Section 9, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 17, 18 -- Suit against Bank for recovery of damages - Jurisdiction of Civil Court - Not barred - Jurisdiction of civil Court is barred only when banks and financial institutions file application for recovery of debts due to such banks and financial..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Imposition of conditions - Conditions to be imposed while setting aside exparte decree must be reasonable and not onerous or harshly excessive...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Substituted service - Order of substituted service without recoding necessary satisfaction that defendants were getting out of the way for the purpose of avoiding service or that for any other reason, summons could not be served in the ordinary..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Trial Court proceeded with suit ex parte with undue haste and without verifying record as to whether defendant was properly served or not - Summons not duly served upon defendant and there was sufficient cause which prevented defendant from appearing when suit was called on for hearing - Ex..........
