Civil Procedure Code, 1908, Order 9, Rule 7 -- `Assigns good cause' - Normally it is an act or a fact, beyond the control of the concerned person...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Exparte order - Setting aside - Negligence on the part of counsel for not appearing - Exparte order set aide - It cannot be expected that a party would watch each and every hearing...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Cannot be appointed to collect evidence...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Defendant proceeded exparte on 30.1.1995 and exparte decree passed on 24.3.1995 - On 30.1.1995 applicant was suffering from dysentery and he could not give appearance in the Court - Written statement was already before the trial Court and it could have framed the issues of its own level..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Counsel appeared on behalf of defendant - Advocate thereafter continuously appearing for the defendant - Defendant claiming knowledge of exparte decree on 1.6.1997 - Decree passed on 28.11.1995 - Application to set aside ex parte decree filed on 2.6.1997 - No..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Exparte order of ejectment - Setting aside - Service of summons by affixation - Process server deposed in Court that he did not know the respondent or that somebody identified the respondent - Cannot be held that there was due service - Ex parte order of eviction set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Exparte order of eviction - Setting aside - Limitation - Starts from the date of knowledge of the exparte decree, if notice is not duly served...........
Civil Procedure Code, 1908, Section 2(9), Order 8, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 6, 13, Civil Procedure Code, 1908, Order 20, Rule 1 -- A case when decided either on contest or exparte or under O.8.R.10 CPC, the Court has to write a judgment which must be in conformity with the provisions of the Code or at least set out the reasoning by which the..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- `Sufficient cause' should be construed liberally to advance the interest of justice - If there are mala fides shown or proved, the Court would be competent to reject the application...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Exparte order - Setting aside - Petitioner not appearing despite service - Proceeded ex parte - Petitioner appeared after three days and submitted that he was unwell and produced medical certificate - Ex pate order set aside - Cannot be termed that intention was to delay the proceedings...........
