Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex-parte order - Setting aside - Eviction order - Application filed after more than 3 years after ejectment order was passed - Attempts of tenant had been to delay proceedings by one way or other - It is by now more than 19 years after eviction order was passed in favour of landlords and at this stage, tenant..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 552 days in filing petition for setting aside ex parte decree - Dispute involves recovery of possession of property and removal of permanent structures - Thus, it would be just and proper to give an opportunity to defendants to contest matter on merits - Delay condoned subject to payment of costs of..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife not served with summons and her signatures were obtained on blank papers by her husband and later on misused by converting them into a power of Attorney on her behalf - She came to know of ex parte divorce decree obtained against her by husband only after his death..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Two remedies available to defendant are, First to file an application U.O.9.R.13 CPC to set aside ex parte decree and second to file an appeal u/s 96(2) CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Absence of defendant from proceedings not attributed to any negligence on part of her counsel as alleged by her - But application filed to set aside ex parte decree passed against her more than 1 year after she was proceeded ex parte, is only a device to linger on the matter and deny fruits..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea of petitioner is that respondent was duly served through publication in a newspaper - All notices issued to respondent were received back with a specific report that respondent was not residing in village - In these circumstances, publication in newspaper which is stated to be circulated..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea of petitioner that application filed U.O.9.R.13 CPC is allowed after a delay of almost 7 years - Plea held, not tenable as delay has to be reckoned from date of service or date of knowledge - Respondent was not served, it cannot be held that he had knowledge of alleged judgment and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea of petitioner is that mother of respondent belongs to the village where publication in newspaper was circulated - Plea held, not tenable as mother of respondent is married in another village and was residing in the said village - Moreover, no one was found in village were publication is..........
Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte eviction order - Setting aside - Report of the process service clearly reflects that there is no mention of either the name or address of the person in whose presence copy of the summons was affixed - Order holding the service effected is patently illegal and is hereby set aside...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Defendants were not present on relevant date despite sufficient service - Trial Court proceeded ex parte against defendants - It was still open to defendants to appear before next date and participate in remaining proceedings - However, defendants chose to remain absent and ultimately filed..........
