Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside -When appeal against exparte decree is dismissed as not maintainable the application for setting aside exparte decree U.O.9.R.13 CPC is to be decided on merits and not on ground of non maintainability on doctrine of merger...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Application dismissed - Appeal - Appellate Court instead of deciding the application on merits ordered the plaint to be returned on the ground of jurisdiction - Held, the order passed by the appellate court suffers from a manifest error of law and cannot be sustained...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree passed by Small Cause Courts Act - Defendant preferred revision which was dismissed in default- Defendant then filed an application U.O.9 R.13 for setting aside the exparte decree - Application filed subsequent to the dismissal of revision does not lie...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte ejectment order- Setting aside-Registered notice received back with endorsement of refusal-Substituted service in newspaper-Tenant a responsible police officer-Instead of being present in Court after service, avoided to appear and suffered ex parte order-whole effort seems to delay proceedings-Petition dismissed...........
Hindu Marriage Act, 1955, Section 12, 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- On 26.7.1984 exparte decree passed against wife - wife filed application to set aside the ex parte decree on 13.8.1984 - ex parte decree set aside on 3.3.1987 - Appeal by husband - contention of husband that he had performed second marriage on 31.8.1984 as such the application of wife..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside of ex-parte decree with condition of costs to be paid on specific date and no failure application stands dismissed - If mandatory provision not complied with no separate order requiring dismissal of the case is required...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Application to set aside ex-parte decree dismissed in default - Appeal lies and no remedy u/s 151 available - Office mistake - Can be rectified u/s 151 or O.41.R.1 CPC...........
