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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction order - Police help - Defendant despite restraint order is stated to be interfering in the peaceful possession of plaintiff - Defendant also not willing to make a statement that till decision on application filed U.O.39.Rr.1,2 CPC she will not interfere in the peaceful possession of plaintiff -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 2698 days - Summons not issued to defendant personally - Defendant came to know about ex parte decree when he received notice in the execution petition - Court not satisfied with the explanation of defendant - However, in view..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance - Granted from date of order - Magistrate not assigned any reason for not granting maintenance from date of application and for granting relief only from date of order - Husband remained ex parte - Maintenance case filed in the year 2014 and impugned order passed in 2017 - Impugned order..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex parte decree passed U.O.8.R.10 CPC for non filing of written statement within prescribed time - Not a case covered U.O.9.R.13 CPC - Court has no jurisdiction to set aside ex parte decree in a case which does not fall within four corners of O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex parte decree - Setting aside - Non filing of written statement within time - Death of defendant and L.R's impleaded - Refusal of prayer of substituted defendants to give them opportunity to cross examine plaintiff's witnesses on the date fixed for ex parte hearing of suit - No..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Police aid - Violation of ex parte injunction order - Court cannot straight away order police aid without disposing of interim injunction petition because granting police aid to implement an ex parte injunction order may cause prejudice and hardship to opposite party, without hearing him - Party can take..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Defendant claimed that summons not duly served to her - However, notice was sent to defendant through Nazarat and service report was returned with note that summons could not be served upon defendant as she was not found in her house - Court was..........
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...........
