Civil Procedure Code, 1908, Order 9, Rule 7 -- Defendant who was proceeded ex parte joining proceedings - Once the defendant joins the proceedings he is entitled to an opportunity to lead evidence - Order denying opportunity to defendant to lead evidence set aside - Trial Court directed to give an opportunity to the defendant to lead evidence...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Ejectment - Sub-letting - Chief examination of landlord - Contradiction - Effect - Petition was filed on an express ground of sub-letting - Ex parte evidence taken and Court ordered eviction initially and later set aside on the ground that statement given by landlord cannot be taken as fully established when he..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Refusal to set aside ex parte decree - Order is revisable u/s 115 CPC - Writ petition under Art.227 Constitution of India, is not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application to set aside ex parte decree is not maintainable once appeal preferred against the decree is dismissed and becomes final between the parties - Entire proceedings seeking restraighten of suit proceedings and for setting aside ex parte decree is without jurisdiction and not..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit remained pending for five years after defendant was proceeded ex parte - Application to set aside ex parte decree filed after more than a year of passing of the ex parte decree - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application initiated at the instance of one defendant - Ex parte decree set aside against all the defendants - Court is not required to serve notice to unserved defendants or defendants who had not approached for notice again...........
Civil Procedure Code, 1908, Order 9, Rule 13, Contract Act, 1872, Section 128 -- Ex parte decree - Set aside against principal debtor - Court ought to restore the suit so far as surety is concerned as liability of surety is co-extensive with that of the principal debtor...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Appellate Court failed to decide and record any findings why the decision of trial Court dismissing application U.O.9.R.13 CPC was bad - Question before Courts below in the proceedings U.O.9.R.13 CPC was to adjudge whether on a particular date of hearing absence of defendant or his counsel..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 37, Rule 4 - - Ex parte decree - Setting aside of - Held, it is settled law that ex-parte decree against defendant can only be set aside if he satisfies Court that summons had not been duly served or he was prevented by sufficient cause from appearing and further in addition, there existed..........
Consumer Protection Act, 1986, Section 12, 2, Civil Procedure Code, 1908, Order 9, Rule 7 -- Consumer complaint - Notice issued but non appeared - Hence, proceeded ex parte - Nothing on record to suggest that notice issued was in fact served - Impugned order set aside - Matter remitted for decision as to whether notice issued was properly served and to decide the matter on..........
