Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex-parte decree - Setting aside - Summons not served - Publication of notice in newspaper - Defendant on account of militancy shifted from Srinagar to Jammu - In these circumstances, even if he had some vague knowledge that summons were sent to his address at Srinagar, it cannot..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Mere fact that ex parte decree has been executed does not disentitle the defendant from applying U.O.9.R.13 CPC to get the same set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Effect of - Court wrongly proceeded ex parte against defendant, as she was not served - Ex parte decree when set aside, would cease to exist and become no, est and it is no decree in the eyes of law - Decree passed by trial Court afresh on merits should be treated as decree of first Court...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Effect of - Parties are restored to the position existing prior to the date the order proceeding against defendant ex parte was passed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Pre-emption Act, 1913, Section 15 -- Ex parte decree - Setting aside - Suit for possession on the basis of right of pre-emption granted to a co-sharer - Plaintiff's right of pre-emption stood extinguished by virtue of amendment to the Act, at the date when fresh decree by Court of first instance after setting aside ex..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Mere filing of memo of appearance which is valid only for one date, service on defendant cannot be assumed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 25 -- Ex parte decree - Setting aside - Some of the defendants residing out of country - Procedure U.O.5.R.25 to be followed - Court committed serious illegality in ordering publication of notice in local newspaper - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte decree - Setting aside - Dismissal of application in default - Appeal against said order, is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant absent and proceeded against U.O.9.R.6(a) CPC - Ex parte judgment passed on merits - Held, application U.O.9.R.13 CPC lies notwithstanding the fact that ex parte judgment was passed on merits...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Agreement to sell regarding suit property alleged to be executed between father of defendant no.1 and respondent at a point when eviction had already been ordered against tenant - Respondent is himself a doubtful entity, as he never surfaced either in a Court..........
