Civil Procedure Code, 1908, Order 9, Rule 12, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Ex parte divorce decree against wife - Wife remained ex parte on basis of report of process server that she refused to receive notice of proceeding - However, judgments of Courts below do not reveal that while sending notice to wife through process of Court simultaneously notice..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant no.1 specifically stated that she happens to be a resident of Canada and plaintiff had not given her correct address of country, resultantly she was never served in that case - There is not much delay in filing application for setting aside ex parte decree - Ex parte decree rightly..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9(5) -- Ex parte decree - Setting aside - Summons issued by registered post received back with postal endorsement of refusal - As per O.5.R.9(5) if defendant or his agent refuses to take delivery of postal article containing summons, Court issuing summons shall declare that summons had..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9(5) -- Ex parte decree - Setting aside - Summons issued by registered post received back with postal endorsement of refusal - As per O.5.R.9(5) if defendant or his agent refuses to take delivery of postal article containing summons, Court issuing summons shall declare that summons had..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Advocate of wife assured her not to come to Court on each date of hearing and he will call her as and when required - However, wife of advocate died due to cancer and regarding her treatment advocate had to remain out of city - Wife is 57 years old lady and could not be..........
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..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Issue should have been framed by trial Court as to whether defendant was served and/or had knowledge of pendency of suit and thereafter an opportunity should have been given to defendant to lead evidence - Since said procedure is not followed, trial Court has erred in..........
Civil Procedure Code, 1908, Order 9, Rule 6, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Non appearance of wife in the proceedings - Not always necessarily entail that an ex parte decree would follow - If evidence adduced does not support claim of petitioner, Court cannot pass an ex parte decree - There is an obligation on the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Exparte decree - Setting aside - Dismissal of application - It is appeal and not petition under Article 227 of Constitution which is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant could not keep track of case due to transfer of civil suit from one Court to another - Ex parte decree passed against defendants is for an amount of Rs.2,60,000 with interest @ 6% p.a - However, defendants have shown their bona fides by depositing an amount of Rs.2,60,000 into bank..........
