Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Advocate's strike - Advocate is answerable for the consequence suffered by the party if the non-appearance was solely on the ground of a strike call - It is unjust and inequitable to cause the party alone to suffer for the self imposed dereliction of his Advocate...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Advocate's strike - Non appearance of Advocate - Costs when imposed to set aside the exparte decree - Court has power to permit the party to realise the costs from the Advocate concerned - Such direction can only be passed after affording an opportunity to the Advocate...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - `Sufficient cause' - If defendant advances some cause for setting aside ex parte decree which does not seem to be false or frivolous, it should be accepted and ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- `No instructions' - When pleaded by counsel - Court not to proceed ex parte but notice should be given to the party. (JT 1997(9) SC 642 followed)...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 9, Rule 13 -- Maintenance pendente lite at the rate of Rs.1900/- per month granted in an appeal filed by wife against order dismissing her application U.O.9.R.13 to set aside exparte divorce decree obtained by husband - Non payment of maintenance - Defence of husband struck off - Averments made in the..........
Hindu Marriage Act, 1955, Section 13, 9, Civil Procedure Code, 1908, Section 151 -- Passport - Surrender - Allegation of wife that husband is trying for suitable employment in foreign countries and that if he leaves, irreparable damage would be done to her case - Husband denied such an allegation - Court in exercise of inherent powers directed husband to surrender passport..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 10, 12, 17, 19 -- Ex parte decree - Setting aside - Summons - Service - Refusal - Court should follow procedure as laid down in Rules 17 & 19 of Order 5 - If such procedure is not followed, ex parte decree to be set aside...........
Civil Procedure Code, 1908, Order 8, Rule 5(2), Civil Procedure Code, 1908, Order 9, Rule 13 -- Court can pass decree U.O.8.R.5(2) on basis of facts as pleaded in plaint - Suit can be proceeded ex parte only on recording evidence...........
Civil Procedure Code, 1908, Section 115, Order 13, Rule 2 -- Application U.O.13.R.2 - Rejected - Revision against such order is maintainable...........
Consumer Protection Act, 1986, Section 13(4), Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of complaint - Held that the Commission has no powers to entertain an amendment application under Order 6 Rule 17 CPC...........
