Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - When sufficient cause is not shown and application is based on vague, evasive and false averments, then in such case, ex parte decree shall not be set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - To set aside ex parte decree case should fall in either of the two categories viz. (i) that summons were not duly served and (ii) that there was sufficient cause for not appearing on the date when suit was called out for hearing...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Lawyer engaged passed away - Such averment made in application supported by an affidavit - Sufficient cause for non appearance established - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons without copy of plaint - Since it is a matter relating to immovable property, it would be only appropriate that parties have full contest on the respective contentions by pleadings in trial - Ex parte decree set aside subject to payment of costs of Rs.25,000/-...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Defendant filed the application for setting aside ex parte decree at the stage of execution and that too beyond limitation - Defendant contended that plaintiff forged the agreement in question which was worth about Rs.25 lacs - Value of property cannot be..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Sufficient cause for non appearance - Defendant undergoing treatment for breast cancer and she had undergone chemotherapy - Treatment certificate of defendant is on record - No material to show that absence of defendant was either intentional or mala fide - Condition imposed by Court below..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Improper advice of advocate may be a good ground to set aside ex parte decree but it cannot be accepted as a sufficient cause in all cases...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree not to be set aside when sufficient cause is not shown and application is based on vague, evasive and false averments...........
Indian Penal Code, 1860, Section 493 -- Offence u/s 493 IPC - Matrimonial ties between appellant and respondent will be deemed to have subsisted during the entire period under reference as ex-parte divorce decree obtained by respondent was set aside - When a lawful marriage indeed existed between parties, there is no question of deceit on part of respondent - Offence u/s..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Divorce petition - Once it is shown that applicant has no knowledge of the proceedings and not served with summons in filing application within one month from date of knowledge as per Art.123 of Limitation Act as substituted service is no proper service, rejection of her application..........
