Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Section 5 -- Ex parte order - Setting aside - Condonation of delay of 14 years - No satisfactory or reasonable ground given by appellant explaining delay - Appellant has been grossly negligent in pursuing the matter before trial Court - Delay cannot be condoned - Application U.O.9.R.7 CPC rightly rejected...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Suit for specific performance - Reasons assigned by defendant for delay in filing application to set aside ex parte order not satisfactory - However, in view of the fact that substantial rights of defendant are involved in the suit and suit is coming up for evidence on defendants side, ends of..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Case reserved for judgment - At this stage O.9.R.7 CPC cannot be invoked...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application to set aside ex parte order can only be entertained if filed before conclusion of arguments - After conclusion of arguments, remedy available is to file proceedings for setting aside ex parte decree...........
Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Dismissal of application to recall ex parte order - Order not an interlocutory order - Appeal against such an order is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Divorce proceedings - Family Court erred in proceeding wife ex parte as she did not file written statement on first date fixed for filing written statement - Family Court ought to have given opportunity to wife to come forward so as to make an effort for reconciliation between parties - Order..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Service of summons - Service upon defendant was sufficient but mandatory provision of O.5.R.17 CPC not followed - On refusal to take summons by person on whom services to be effected, process server is required to affix notice on conspicuous place of house that too in presence of independent..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Defendants failed to assign any good reason for non-appearance on relevant date despite service - It cannot be said that defendants were unaware of ex parte proceedings against them till filing of application - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - JDs failed to put in appearance despite valid service - Submission of an application for setting aside ex parte order cannot qualify as good cause - If good cause is not shown then a party can be permitted to join proceedings prospectively...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - A party who is proceed ex parte can join the proceedings at the stage at which it is pending - However, when such party seeks to join the proceedings at the stage at which he was proceeded ex parte then such party has to establish sufficient cause with satisfactory explanation for absence and..........
