Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendants have already filed written statement and they were diligent enough to defend the suit - They came to know about ex parte decree only when they received notice in execution proceedings - Defendants ought to be given an..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Setting aside - Wife had not been able to render satisfaction that she had been prevented by any sufficient cause from appearing - She did not seek before Family Court right to be represented by legal practitioner - Wife appointed one and entered..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree set aside on the basis of statement of registered power of attorney holder of plaintiff - Application by plaintiff to set aside such order as being the result of fraud played by power of attorney holder - Such assertion denied by defendant - In such circumstances, it was..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Nothing on record to demonstrate that Court Amin has made any endevaour with due and reasonable diligence to find out defendant - Simple statement of wife of defendant on the first date of visit of Process Server, wherein wife has refused to accept the notice and shown..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Nothing on record to demonstrate that Court Amin has made any endevaour with due and reasonable diligence to find out defendant - Simple statement of wife of defendant on the first date of visit of Process Server, wherein wife has refused to accept the notice and shown..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 1321 days in filing application for setting aside ex parte decree - Husband of defendant was following the suit on behalf of defendant - Defendant did not meet her counsel to give instructions for filing written statement - No material on record that there is..........
Civil Procedure Code, 1908, Order 21, Rule 89, 90, 106 -- Auction sale - Setting aside - JD contended that he was not aware of decree as trial Court passed ex parte decree against him - However, Advocate was appointed by JD who filed vakalatnama and also filed written statement and counter in petition seeking attachment of property - Even, contention of JD that he was not..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - One `R' was witness to the report of refusal of process server - `R' submitted his affidavit that he never signed on the report - Wife by her statement and other evidence proved that at the time of service of notice she was not living at the given address and no sufficient evidence in..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Defendant proceeded ex parte - Thereafter suit transferred to Commercial Court - As it is a suit for damages for alleged loss suffered by defendant, on account of supply of defective machinery, hence defendant cannot be deprived of an opportunity to contest the claim on..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Permitted to file at the stage of defendant's evidence - Defendants were proceeded against ex parte twice over - No satisfactory reason assigned by defendants for delay in filing written statement - Only ground mentioned by trial Court while allowing application for filing written statement, is setting..........
