Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex pare decree - Setting aside - Defendant against whom ex parte decree is passed has two options: (i) to file appeal; (ii) to file an application U.O.9.R.13 CPC - Defendant can take recourse to both proceedings simultaneously - Right of appeal is not taken away by filing an application U.O.9.R.13 CPC - But if appeal is..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - O.5.R.20 CPC requires Court to be satisfied either that there is reason to believe that defendant is keeping out of the way for the purpose of avoiding service or that for any other reason, summons cannot be served in the ordinary way - Substituted service is an exception to the normal mode of service -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17 -- Ex parte decree - Setting aside - Substituted service - Breach of provision of O.5.R.17 CPC as report of bailiff not indicating that summons were affixed on a conspicuous part of the house, at the address mentioned in the summons - Besides that, order of Court does not..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand for de novo trial - Suit for specific performance - Ex parte decree passed against all defendants/original owners and subsequent purchasers - Ex parte decree set aside at instance of defendants 3 & 4 - Fresh notice not sent to defendants No.1 & 2 - Defendants No.1 & 2 were entitled for a fresh notice of suit once..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Divorce proceedings - Husband was suffering from spinal cord dysfunction - Fact that he was under treatment is not disputed - Trial Court failed to consider that ground shown for absence of husband was sufficient, however, rejected the petition for setting aside ex parte order on the ground..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Wife got her dues and not cooperating - Impugned order setting aside ex parte decree set aside...........
Criminal Procedure Code, 1973, Section 190, 482 -- Dispute essentially civil in nature which is given cloak of criminal offence - Order taking cognizance and issuance of process quashed...........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 18, 20, 22, Family Courts Act, 1984, Section 19(4) -- Dismissal of petition filed u/s 125 Cr.P.C. and Ss.18, 20, 22 of PWDV Act in Family Court - Appeal - Relief sought under PWDV Act is adjunct to relief sought u/s 125 Cr.P.C - Since an appeal against an order passed..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Leave to sue - Before grant of leave, ex parte interim injunction granted and Local Commissioner appointed - Enquiry in the suit can only be taken up after leave is granted - Order granting ex parte injunction and appointment of advocate commissioner set aside being erroneously passed before grant of..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Of a fact having no foundation in the plaint and permission to plead that fact also not granted and that order becoming final - Moreover, additional evidence is sought to be lead after recording of entire evidence is over and even arguments are over - Order allowing application set aside...........
