Civil Procedure Code, 1908, Order 21, Rule 66, Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution - Exparte decree - Execution - Sale of property during pendency of application to set aside ex parte decree - Held, once there is an application for stay of execution proceedings in an application for setting aside ex parte decree, trial Court should not proceed to sell..........
Civil Procedure Code, 1908, Order 5, Rule 20, Civil Procedure Code, 1908, Order 9, Rule 13 -- Substituted service - Before resorting to substituted service no satisfaction of Court that it is not possible to serve the defendant in the ordinary course - Endorsement on registered A.D. cover that address is incomplete - Exparte decree set aside - Order upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Exparte decree set aside as (a) Process server not examined; (b) Non furnishing of copy of plaint with summons; (c) Non filing of affidavit by plaintiff in support of reply filed to the application U.O.9.R.13 CPC - Order upheld...........
Civil Procedure Code, 1908, Section 144, 151, Order 9, Rule 13 -- Restitution - Relief at interlocutory stage can be granted - Tenant evicted in execution of ex parte decree - Sale of property in the meantime - Exparte decree set aside as it was passed even without notice to the tenant - Order of restitution can be passed against purchaser - Relief of restitution can be..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Expln. - Exparte decree - Setting aside - Application to set aside exparte decree or appeal against ex parte decree to superior Court can be filed - Application to set aside ex parte decree is maintainable only if appeal against ex parte decree is not opted or where an appeal had been preferred the same has been withdrawn...........
Civil Procedure Code, 1908, Order 3, Rule 1, 4, Civil Procedure Code, 1908, Order 9, Rule 13 -- Application to set aside exparte decree not presented alongwith Vakalathnama - Application dismissed for this reason - Held, if there is some formal defect in the presentation of an application, Court can either return the application for rectification of defect or can issue..........
Civil Procedure Code, 1908, Section 35, Order 9, Rule 13 -- Setting aside of ex parte decree - Counsel reported no evidence present and further unable to pay costs of previous adjournment upon which Court struck of defence and evidence of defendant closed, thereafter counsel moved application that he has No Instructions to put in appearance on behalf of defendant - Plea..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Summons - Service by substituted service - Notice ordered to be published in daily `Dainik Bhaskar' but published in daily `Aacharan' - `Aacharan' widely circulated in the area - Publication of notice in `Aacharan' is a mere irregularity and an exparte decree cannot be set aside..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - More than one defendants - Application filed by only one defendant - Exparte decree can be set aside against other defendants also if decree is of such a nature that it cannot be set aside only against the defendant who made the application - Exparte decree set aside against only that..........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree set aside against only that defendant who made the application - If aggrieved he can challenge the same in superior Court in appropriate proceedings - No mistake or error apparent on the face of record to correct it in a review application - No ground to interfere..........
