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..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 5767 days in filing application to set aside ex parte decree - Suit for specific performance - No summons were served on defendant - Defendant is an illiterate and pardanashin lady and she only affixes her thumb impression - There is some sort of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant did not contact his advocate for about 3 years from the date when ex parte proceedings were drawn against him, which shows gross negligence towards his own rights - Although, defendant stated that he was out of town for purposes of his livelihood, but neither place nor period during..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Police aid - To implement ex parte ad interim injunction order - Courts not to usually order grant of police aid to implement order of ex parte ad interim injunction order - Since it is not an order on merits after hearing both the parties, Court would be very slow in granting police aid, till possession and rights of..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Defendant proceeded ex parte - Right to lead evidence - Defendant who is proceeded ex parte can lead evidence subject to certain riders, viz. (i) Witness cannot propound a new case or the case of its own; (ii) Witness must not have entered witness box in the said suit previously to lead evidence and has been cross-examined;..........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 3, 3A -- Appeal - Ex parte injunction - Law as to : (i) Miscellaneous appeal against ex parte injunction order would be maintainable only after expiry of 30 days where provision of O.39.R.3-A PC is in force; (ii) In State of UP, since Circular dated 16.8.17 issued providing for 6..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant came to know about ex parte decree only after receipt of notice in Execution petition - He immediately filed application U.O.9.R.13 CPC and also filed application U.O.16.R.1(2) CPC to issue summons to Post Master concerned to attend Court and give evidence - Further proceedings in..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 2(g) -- Senior citizen - Ex parte order of maintenance against nephew - Petitioner inspite of having aware of proceedings pending against him, chose to avoid appearance and thus, prolonging the agony of senior citizen - Ex parte order passed against petitioner - No sufficient case made out for not..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Application filed U.O.41.R.3-A CPC cannot be decided ex parte without affording an opportunity to respondent...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - It is within discretion of trial Court after hearing preliminary arguments to decide as to whether it is a fit case for grant of an ex parte interim injunction or whether it requires hearing of both sides before a decision could be taken...........
