Civil Procedure Code, 1908, Section 144 -- Restitution of possession - Execution of ex parte decree - Judgment debtor deprived possession of property - Ex parte decree set aside - Held, judgment debtor is entitled to seek restitution of possession by invoking S.144 CPC...........
Civil Procedure Code, 1908, Section 144 -- Restitution of possession - Execution of ex parte decree - Judgment debtor deprived possession of property - Ex parte decree set aside - Held, subsequent purchasers transferees, who have purchased properties, during pendency of second appeal, cannot oppose restitution - Subsequent sales do not counter any title or right to..........
Consumer Protection Act, 1986, Section 22, 22A -- Ex parte order & Review - District Forums and State Commissions have no power to set aside ex parte orders and to review orders - Such orders are assailable only before the National Commission...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 3 -- Ex parte decree - Setting aside - Decree passed without considering as to whether suit is within limitation or not - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication in a newspaper - Order as to issuance of summons to defendant on new address - Order not complied with - On a request substituted service allowed in a causal manner - Before ordering substituted service, Court should resort to procedure laid down in O.5.R.17 CPC and when after resorting the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Transfer of suit from one Court to another Court - Defendant not made aware of transfer through it was prosecuting matter diligently - Non appearance bonafide - No intentional lapse - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - Validity - Serving officer sought to serve summon of suit on defendant - Defendant not available - Since defendant was not available, therefore, his wife who was residing with him, was sought to be served with notice but she refused to accept notice - Thereafter, copy of notice was affixed on his..........
Civil Procedure Code, 1908, Order 9, Rule 13 - - Ex parte decree - Setting aside - Second Proviso is mandatory in nature - Court not to set aside decree on mere irregularity in service of summons or in case, where defendant had notice of the date as sufficient time was there to appear in the Court - Court not to allow the application in utter disregard of the terms and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree can be set aside when there is sufficient cause for non appearance of the defendant - Sufficient cause means "adequate or enough" - Sufficient cause means that party had not acted in a negligent manner or there was bona fide on its part in view of facts and circumstances of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aide - Conduct of petitioners is that they were assured by their lawyer that they would be informed about the outcome of the case but actually they were not informed - When this fact came to the knowledge of the petitioners immediately, an application was moved for setting aside ex parte decree -..........
