Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree obtained by fraud - Talks for settlement held and defendant was asked not to come to Court as plaintiff would withdraw suit - There was friendship between parties before the alleged transaction - Sufficient reason for not coming to Court - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Suit still pending as other defendants were contesting the case - Court should be liberal to set aside ex parte order when suit is pending - Impugned order set aside - Defendant shall file written statement within 30 days and allowed to participate in the proceedings - In case defendant seeks..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit transferred from Court of Senior Division to Junior Division - After transfer of suit, notice not issued to defendant by Court of Junior Division - Defendant never knew about transfer of suit nor his Advocate informed him - Advocate, on his own, continued to participate in proceedings in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application filed within 30 days of receipt of certified copy - Knowledge of ex parte decree 11th Sep. - Applied for copy on 12th Sep. - Date fixed for supply of copy 13th Sep. - Copy not ready on that date - Copy ready on 18th Sep. - No notice that copy is ready given - Copy received on 25th..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree not to be set aside on an assumed irregularity in service of summons if defendant had notice of date of hearing and had sufficient time to appear and answer the plaintiff's claim...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Ex parte decree passed U.O.37.R.3 - Setting aside - Plea that proper instructions could not be given to Advocate to defend the suit - Held, it is not a special circumstance within meaning of O.37.R.4 CPC to set aside the decree...........
Indian Penal Code, 1860, Section 494 -- Second marriage - Ex parte divorce decree obtained by fraud - A decree obtained by fraud is not a decree in the eyes of law - Ex parte divorce decree obtained by fraud set aside - Held, the argument of non existence of first marriage on the date of second marriage cannot be accepted...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application to set aside ex parte decree filed immediately after coming to know of passing of ex parte decree - Except bald statement of applicant no other evidence led - Court should take liberal approach for advancing the cause of substantial justice - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 6, 9, 12, 13 -- Ex parte decree - Setting aside - Wife appeared personally and pleaded that her counsel was demanding money for filing written statement - Court rendered advise to appellant to contact Secretary, District Legal Service Authority for free..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Trial Court compared signatures on summons with signatures on application and held that signatures on summons was that of defendant - Held, when defendant filed affidavit in support of his application that he was not duly served with summons and that affidavit remained uncontroverted then..........
