Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons issued on 16.3.1999 - Service of summons on 17.3.1999 for a date fixed as 18.3.1999 - Petition for setting aside ex parte decree filed after more than 30 days - Time to make arrangement for entering a defence is grossly inadequate - Ex parte decree set aside subject to payment of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree if not set aside then defendant can join and participate in the proceedings from the stage it is pending - However, proceedings between the stage at which he was proceed ex parte and the stage at which he joined will not be re-opened...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants, proclaimed offenders, have been abusing process of law by filing multiple applications by making false and incorrect averments - Defendants though aware of being declared proclaimed offenders had not taken steps to assail said order or join various criminal proceedings initiated..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - There is no law that whenever one of the spouses contacts second marriage, after obtaining a decree of divorce, the decree cannot be set aside...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 153 days in filing application to set aside ex parte decree - Delay deserves to be condoned when wife pleaded that she did not receive notice and when she is residing in another State...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Application by wife to set aside - Plea of remarriage by husband - There is no reason for Court to be influenced by the alien factors...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte divorce decree - Setting aside - Service through Munadi - House number not mentioned in the summons - Process Server also does not know the number of any building where the affixation took place - Such type of service by Munadi in a sub-urban area without making a..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, Punjab Public Premises and Land (Eviction and Rent) Recovery Rules, 1974, Rule 4 - - Service of notice - Eviction order - Validity - Petitioner is in possession of agricultural land and, therefore, required to be served personally - Service report reveals that petitioner was not available..........
Civil Procedure Code, 1908, Order 21, Rule 106 -- Execution - Setting aside ex parte order - In an execution proceeding after passing through all those stages pursuant to sale and delivery of property belonging to J.D., effected in compliance of the rules and formalities thereunder is over, any application moved by J.D. with reference to non receipt of a notice U.O.21.R.22..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Non service of summons - Substituted service - Observation of trial Court with regard to validity of service of summons not based on record - There is absolutely no application of mind on the part of trial Court - There is complete non application..........
