Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons sent, to address at Chennai, received back as `Unclaimed' as defendants are staying in USA - Court ordered substituted service by newspaper publication - Defendants deposited entire decretal amount to show their bona fides - One opportunity must be given to defendants to defend suit -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Proviso - Ex parte decree - Setting aside - Court shall not set aside decree passed ex parte merely on the ground that there is an irregularity in service of summons, if it is satisfied that defendant had notice of date of hearing and had sufficient time to appear and answer the plaintiff's claim...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Process server tendered summons to wife of defendant, as defendant was not present in the house, but she refused to accept the same upon which he affixed copy of summons on the house - There was no dispute regarding identification of house - House of defendant was well known, happened to be..........
Civil Procedure Code, 1908, Order 22, Rule 3, 3A -- Compromise decree - Setting aside - Compromise recorded in a suit lawfully or unlawfully cannot be assailed by separate suit - Only forum is same Court which passed the decree based on compromise...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Auction sale - Setting aside - Sale of both items of property without considering whether sale of one of items would have been sufficient to satisfy decree, is bad in law and liable to be set aside...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Auction sale - Setting aside - It is obligation of Court to ensure that only such portion of property which is sufficient to meet the claim in execution petition alone is sold - Words `necessary to satisfy decree' in O.21.R.64 CPC indicate that no sale can be allowed beyond decretal amount mentioned in sale proclamation..........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - Non-representation of minor or improper representation of minor itself, will give no cause of action to minor to seek setting aside of decree in a contested matter on common litigating issues or rights also available to minor...........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - Setting aside - If minor had an independent and distinct right, than that of other litigating parties to the case, Court can easily conclude that prejudice has been caused to minor - If minor is having only a common litigating issue or right, Court has to hold that minor's interest has been..........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - Setting aside - If minor is able to demonstrate negligence of party, who litigated issue encompassing minor's interest, substantial representation of minor's interest is still open for challenge in view of O.32.R.3-A CPC - This ground is available to minor even if minor has been represented by a..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 467 days in filing application for setting aside ex parte decree - Application for condonation of delay cannot be allowed once trial Court found that delay has not been properly explained and even there are no merits in application for condonation of delay - Order of trial Court condoning delay rightly set..........
