Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Defendant was not residing at given address where summons were served - However, nowhere in application it has been averred that defendant had shifted to which place - Application was supported by affidavit of defendant showing same address as in summon - No sufficient cause has been shown by..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Maintainability - Case was fixed for re-arguments - However, application U.O.9.R.7 CPC was filed by tenant before case was fixed for re-arguments - It cannot be said that application was filed after completion of proceedings - Application U.O.9.R.7 CPC is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte order - Setting aside - Eviction suit - Summons were duly served to tenant - Tenant had been appearing in proceedings since the year 2017 - But since Nov 2018 till June 2019, tenant did not come for further progress of case and opted to remain absent from dates fixed..........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte maintenance order passed u/s 24 of Hindu Marriage Act in proceedings u/s 9 of Hindu Marriage Act - Application to set aside order proceeding ex parte - Held, O.9.R.7 CPC do not apply for interference with the final order passed in proceeding u/s 24 of the Act...........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 9, Rule 7 -- Petition u/s 9 of Hindu Marriage Act - Respondent/husband proceeded ex parte - Application U.O.9.R.7 to set aside order proceeding ex parte - Application u/s 9 of Hindu Marriage Act should be tried in the presence of both the parties - Husband had already filed reply to petition and issues..........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte order - Setting aside - Non-compliance of O.5.R.20 CPC - Order of substituted service passed by trial Court without satisfying that defendants are avoiding service of summons upon them or that service of summons in ordinary way is not possible upon them - There is thus,..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Application to set aside order proceeding ex parte filed U.O.9.R.13 CPC dismissed primarily on the ground that relief sought is not available U.O.9.R.13 CPC - Mere incorrect mention of provision does not disentitle a party from relief, if it is available on merits - Trial Court should have entertained..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Once application U.O.9.R.7 CPC is dismissed and ex parte decree is passed then defendants had a remedy to file an application U.O.9.R.13 CPC and after rejection of such an application further remedy of appeal U.O.47.R.1 CPC was available...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Defendant cannot be stopped from participating in proceedings simply because he did not appear in first or some other hearing - He will have to show good cause for previous absence, only if he desires to be relegated back to position in which he would have been put if he had appeared at previous hearing...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte proceedings - Defendants were never served any notice of pendency of suit before 29.8.2014 - On 29.8.2014 only a date was fixed to proceed ex parte and thereafter evidence of plaintiffs was taken on affidavit and matter fixed for ex parte judgment - Defendants even stated that if they are allowed to..........
