Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Court can impose conditions which may include direction to deposit costs or the decretal amount or any portion thereof - However, such conditions should be reasonable and not harshly excessive - In the instant case condition imposed was to deposit 75% of decretal amount and costs which is..........
Civil Procedure Code, 1908, Section 47, Order 9, Rule 13 -- Exparte decree - Subsequent suit for setting aside exparte decree - Separate suit is not maintainable - Grievance could be agitated before Executing Court or should resort to remedy U.O.9.R.13 CPC for setting aside exparte decree or to file an appeal against exparte decree - Order of trial Court in subsequent suit..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Set aside subject to payment of costs within 15 days failing which ex parte order to revive - Period of six months lapsing - Advocates strike no ground for condonation of delay as applicant himself could have deposited money...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Finding of trial Court that defendant careless in pursuing case - Delay not explained satisfactorily - No sufficient explanation furnished for non appearance - Held, application rightly rejected by trial Court...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Explanation - Exparte decree - Appeal against - Dismissed as barred by limitation - Held, after disposal of appeal on any ground other than withdrawal of appeal, application U.O.9.R.13 CPC for setting aside exparte decree is not maintainable...........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Documents - In power and possession of plaintiff - Not produced alongwith plaint or before settlement of issues - Documents however appear to be relevant for just and fair decision - No prejudice likely to be caused to defendant if permission granted to produce documents - Application allowed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Second Proviso -`Had notice of the date of hearing' - It is knowledge of the `date of hearing' and not the knowledge of `pendency of suit' which is relevant for the purpose of the proviso...........
Civil Procedure Code, 1908, Order 9, Rule 13, 6 -- Summons - Service - Refusal - Witness - Endorsement on summons shows that there was no witness available on the spot - Defendant runs a shop and the shop will be situated in a locality where there are other shops and houses - To say that there were no witnesses available on the spot is unbelievable - Defendant deposed on..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Second Proviso - `Had notice of the date of hearing' - It is knowledge of the `date of hearing' and not the knowledge of `pendency of suit' which is relevant for the purpose of the proviso...........
Civil Procedure Code, 1908, Order 9, Rule 13, 6 -- Summons - Service - Refusal - Witness - Endorsement on summons shows that there was no witness available on the spot - Defendant runs a shop and the shop will be situated in a locality where there are other shops and houses - To say that there were no witnesses available on the spot is unbelievable - Defendant deposed on..........
