Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19, Civil Procedure Code, 1908, Order 29, Rule 2(b) -- Service of summons - Suit against company - Summons may be served by leaving it or sending it by post address to the Corporation at the registered office or if there is no registered office, then at the place where Corporation..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant has not only failed to show sufficient cause for his prolonged absence before trial Court but has also approached High Court after exhausting two rounds of adjudication both trial Court and revisional Court having concurrently..........
Civil Procedure Code, 1908, Section 41, Limitation Act, 1963, Section 5, Article 137 -- Condonation of delay in filing appeal - Limitation - Provision of Art.137 of Limitation Act is applicable to an application filed U.O.41.R.3-A CPC - Invocation of S.5 of Limitation Act to condone said delay beyond 3 years as stipulated u/art 137 of Limitation Act is automatically..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Condonation of delay - Delay of 1-1/2 years in filing application for restoration - However, delay in filing application is well explained even though application is not supported with an affidavit of law officer concerned - Moreover, property in question is worth crores..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Delay of 1116 days in filing appeal - Respondents raised very same grounds which were raised in earlier round of litigation and delay was not condoned - Grounds put forth were insufficient to constitute `sufficient cause' u/s 5 of Limitation Act - Application dismissed...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Condonation of delay in filing review application - Appellants were suffering from diabetes and hyper tension which is not sufficient ground for condoning delay in filing review application...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Neither did respondent No.1 and co-respondents nor so-called attending doctor of respondent No.1 stepped into witness box to prove that respondent no.1 was ill - Assuming that respondent No.1 was so sick which prevented him from..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 -- Condonation of delay - Delay in filing second appeal - First Appellate Court decreed suit after reversing decree of trial Court - Filing of review petition before First Appellate Court was with a delay of two years and four months and second Appeal before High Court was delayed by about a year from..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside ex parte decree and condonation of delay are different on the basis of facts and events - These proceedings must be adopted and pursued independently...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree set aside while condoning delay - However, there was no justification for setting aside ex parte decree - Order condoning delay affirmed whereas order setting aside ex parte decree set aside - Trial Court to decide application afresh...........
