Civil Procedure Code, 1908, Order 9, Rule 13 - - Ex parte decree - Setting aside - Second Proviso is mandatory in nature - Court not to set aside decree on mere irregularity in service of summons or in case, where defendant had notice of the date as sufficient time was there to appear in the Court - Court not to allow the application in utter disregard of the terms and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree can be set aside when there is sufficient cause for non appearance of the defendant - Sufficient cause means "adequate or enough" - Sufficient cause means that party had not acted in a negligent manner or there was bona fide on its part in view of facts and circumstances of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aide - Conduct of petitioners is that they were assured by their lawyer that they would be informed about the outcome of the case but actually they were not informed - When this fact came to the knowledge of the petitioners immediately, an application was moved for setting aside ex parte decree -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Refusal to set aside ex parte decree - Order is revisable u/s 115 CPC - Writ petition under Art.227 Constitution of India, is not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application to set aside ex parte decree is not maintainable once appeal preferred against the decree is dismissed and becomes final between the parties - Entire proceedings seeking restraighten of suit proceedings and for setting aside ex parte decree is without jurisdiction and not..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit remained pending for five years after defendant was proceeded ex parte - Application to set aside ex parte decree filed after more than a year of passing of the ex parte decree - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application initiated at the instance of one defendant - Ex parte decree set aside against all the defendants - Court is not required to serve notice to unserved defendants or defendants who had not approached for notice again...........
Civil Procedure Code, 1908, Order 9, Rule 13, Contract Act, 1872, Section 128 -- Ex parte decree - Set aside against principal debtor - Court ought to restore the suit so far as surety is concerned as liability of surety is co-extensive with that of the principal debtor...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Appellate Court failed to decide and record any findings why the decision of trial Court dismissing application U.O.9.R.13 CPC was bad - Question before Courts below in the proceedings U.O.9.R.13 CPC was to adjudge whether on a particular date of hearing absence of defendant or his counsel..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 37, Rule 4 - - Ex parte decree - Setting aside of - Held, it is settled law that ex-parte decree against defendant can only be set aside if he satisfies Court that summons had not been duly served or he was prevented by sufficient cause from appearing and further in addition, there existed..........
