Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - `Sufficient cause' - If defendant advances some cause for setting aside ex parte decree which does not seem to be false or frivolous, it should be accepted and ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- `No instructions' - When pleaded by counsel - Court not to proceed ex parte but notice should be given to the party. (JT 1997(9) SC 642 followed)...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 9, Rule 13 -- Maintenance pendente lite at the rate of Rs.1900/- per month granted in an appeal filed by wife against order dismissing her application U.O.9.R.13 to set aside exparte divorce decree obtained by husband - Non payment of maintenance - Defence of husband struck off - Averments made in the..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - If plaintiff was prevented from appearing on the date of hearing on account of sufficient cause, normally the restoration application is to be allowed provided the absence was not mala fide or intentional with a view to delay the disposal of the suit...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - If application is filed within time then plaintiff is not required to explain each day from the date of dismissal of the suit till the date of filing of the restoration application...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 1-A -- Suit for partition - Plaintiff `not pressing' the suit and hence dismissed - Defendant invoking O.23.R.1-A - Suit can be restored u/s 151 CPC...........
Hindu Marriage Act, 1955, Section 13, 9, Civil Procedure Code, 1908, Section 151 -- Passport - Surrender - Allegation of wife that husband is trying for suitable employment in foreign countries and that if he leaves, irreparable damage would be done to her case - Husband denied such an allegation - Court in exercise of inherent powers directed husband to surrender passport..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 10, 12, 17, 19 -- Ex parte decree - Setting aside - Summons - Service - Refusal - Court should follow procedure as laid down in Rules 17 & 19 of Order 5 - If such procedure is not followed, ex parte decree to be set aside...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit U.O.9.R.4 - Notice must be given to defendants...........
Civil Procedure Code, 1908, Order 8, Rule 5(2), Civil Procedure Code, 1908, Order 9, Rule 13 -- Court can pass decree U.O.8.R.5(2) on basis of facts as pleaded in plaint - Suit can be proceeded ex parte only on recording evidence...........
