Civil Procedure Code, 1908, Order 9, Rule 13 -- Application U.O.9.R.13 CPC - Order setting defendant ex parte is not sine qua non for entertaining an application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Application U.O.9.R.13 CPC - When an ex parte judgment and decree is passed, it hardly makes any difference if a formal order setting defendant ex parte has been passed or not - O.9.R.13 CPC relates to an ex parte decree and not an order...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Opportunity to file written statement closed and defendant proceeded ex parte - Provision of O.8.R.1 CPC is directory and not mandatory - Impugned order cannot be sustained - Opportunity given to defendant to file written statement...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of a party - Petition of appointment of guardianship - Family Court entertained transposition application filed by mother ex parte and that too without ensuring that it was duly served on father consequent to notice issued thereon by Court - Such transposition was permissible but after allowing application ex..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Reasons assigned for delay are dealt in a routine manner - No details have been furnished by defendants explaining delay except stating their counsel died - Even, details of their counsel and date of his death also not mentioned in the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Ex parte decree passed on 11.09.2002 - Defendant has knowledge of ex parte decree from the date when he preferred objections against publication in newspaper on 24.01.2009 - However, there is no explanation for delay from 24.01.2009 till..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte eviction order - Setting aside - Service of summons by Munadi - Service of summons was effected but there was an irregularity as copy of petition was not served - Since it was well within knowledge of defendant that there was a case pending against him qua which service of summons was effected - Even if it was not..........
Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Causes Courts Act, 1887, Section 17 -- Proviso - Ex parte decree - Setting aside - Compliance of S.17 Proviso of 1887 Act is a pre-condition for maintainability of application U.O.9.R.13 CPC - Requirement u/s 17 Proviso of 1887 Act is neither hyper technical or pedantic but same is requirement of law...........
Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Causes Courts Act, 1887, Section 17 -- Proviso - Ex parte decree - Setting aside - Suit for possession, rent and mesne profit - Tenant neither deposited entire amount as payable by him nor there was any previous application seeking permission of Court to give security, on the date when application U.O.9.R.13..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Tenant has not made out any sufficient ground to allow application U.O.9.R.13 CPC - He filed malafide application only to delay the proceedings - Application rightly rejected...........
