Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Fraud - Mere fact that husband remained mum and did not disclose about the ex parte divorce decree before Mediation center, does not mean that he committed a fraud - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Court issued summons by way of ordinary process as well as through registered post - Ordinary summons not received back whereas summons through registered post received back with report of refusal - Postal employee made two efforts before making report of refusal showing an honest effort of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Divorce petition - Respondent living in America - Service of summons through publication in newspaper `The Tribune' - Respondent who was residing in America, could not have come to know about publication of summons qua her in the newspaper `The Tribune' - Order setting aside ex parte decree,..........
Civil Procedure Code, 1908, Order 13, Rule 9 -- Ex parte decree - Setting aside - Appeal against ex parte decree dismissed as not pressed - Withdrawing appeal or not pressing the appeal, is one and the same as in both the cases, there would be no order on merits - Since not pressing appeal would come under the purview of `withdrawal', it enables the party to invoke..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Plea that signature attributed to defendant in the summon is not that of defendant - In the summons defendant's name was signed as "Tarsan Singh Bhagal" whereas defendant used to sign as "Tarsem Singh Bhogal" - If defendant had actually signed, there could have been no occasion for..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Condonation of delay - Court can direct payment of a portion of the decretal amount or the cost, while exercising discretion for setting aside ex parte decree or condoning delay...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Limitation - Where summons is served, limitation begins from the date of decree...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Defendant filed the application for setting aside ex parte decree at the stage of execution and that too beyond limitation - Defendant contended that plaintiff forged the agreement in question which was worth about Rs.25 lacs - Value of property cannot be..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Sufficient cause for non appearance - Defendant undergoing treatment for breast cancer and she had undergone chemotherapy - Treatment certificate of defendant is on record - No material to show that absence of defendant was either intentional or mala fide - Condition imposed by Court below..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Improper advice of advocate may be a good ground to set aside ex parte decree but it cannot be accepted as a sufficient cause in all cases...........
