Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit and counter claim dismissed on same day in the absence of both the parties - Defendant filed restoration of counter claim, which was allowed without notice to plaintiff and plaintiff declared ex parte - Application for restoration cannot be decide at the back of plaintiff - No party can..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Can file an application to set aside ex parte order or to file an application seeking leave of Court for parties to appear through power of Attorney holder...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Application - for setting aside ex parte decree is not maintainable, where appeal is already disposed of/decided...........
Civil Procedure Code, 1908, Section 47 -- Execution - Ex parte decree - Validity of ex parte decree cannot be challenged before executing Court - Executing Court cannot go behind the decree - If defendant is aggrieved by ex parte decree passed by Civil Court, it is open for him either to file an application before trial Court for setting aside ex parte decree and for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application to set aside ex parte decree filed after two years of service of notice in the execution petition - Application for setting aside ex parte decree is highly belated - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Order 9, Rule 4, 6 -- Ex parte proceedings - Setting aside - Brother contesting the suit - No explanation as to how petitioner remained oblivious of the proceedings despite the fact that her brother was contesting the same - Application filed only to delay the proceedings - Order allowing petitioner to join the proceedings at the stage at which..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application U.O.9.R.7 CPC can be entertained only if hearing is adjourned - Such an application cannot be entertained after conclusion of arguments and when only judgment remains to be pronounced...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Suit for specific performance - Defendant proceeded ex parte on 4.4.2013 and application to set aside ex parte order filed on 17.1.2015 - Numerous opportunities taken by plaintiff to file reply to the application - After filing of reply case adjourned thrice for arguments - By virtue of the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3(a) -- Ex parte interim injunction - Non compliance of provision of O.39.R.3(a) CPC as directed - Second application filed and Court granted interim injunction for the second time - Held, second application is not maintainable unless and until plaintiff complied with the previous order - Impugned order set aside - However,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Appeal - Against an order granting ex parte interim injunction for the second time - Appeal is maintainable, particularly when ex parte interim injunction granted by Court entertaining second application itself is erroneous, as provision of O.39.R.3(a) CPC not complied...........
