Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex-parte decree - Appeal - Right to appeal u/s 96(2) CPC challenging original decree passed ex-parte, being a statutory right defendant cannot be deprived of statutory right merely on the ground that he did not file any application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Service of summons - In the absence of verification of address of a party, through a witness, service of summon cannot be treated as complete...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex-parte decree - Appeal - Petitioner was not served properly, hence, he could not appear before trial Court for submitting his case - Therefore, petitioner has made a prima facie case in his favour that he was not served with any kind of notice and so-called affixation of summons..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application for setting aside ex parte order was filed on the very next day when ex parte order was passed - No delay on part of petitioner - Petitioner cannot be blamed for delay caused in disposal of suit - Merely because suit is pending for more than 10 years, petitioner cannot be put into..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte divorce decree - Setting aside - Substituted service - Notices issued to husband had been received back unserved - Wife did not bother to file either process fee or correct address and rather straightaway proceeded to move an application for substituted service U.O.5.R.20..........
Criminal Procedure Code, 1973, Section 482 -- Recall of order - Court in exercise of its inherent powers recognized u/s 482 Cr.P.C, can recall an order passed in any case ex-parte upon sufficient cause being shown for non-appearance when the case was decided - However, in exercise of inherent powers a Bench of High Court cannot interfere in any order passed by another..........
Criminal Procedure Code, 1973, Section 482 -- Recall of ex parte order - For seeking recall of an ex parte order passed in a revision, petitioner should approach same Court by filing an application for recall of order and a separate application u/s 482 Cr.P.C cannot be entertained for this purpose - Application dismissed...........
Protection of Women From Domestic Violence Act, 2005, Section 29, 23, 12 -- Interim relief - Even in absence of Domestic Incident Report a Magistrate is empowered to pass ex parte or interim relief as well as final order under the Act...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- 2nd Proviso - For applicability of second proviso to O.9.R.13, two things are required - Firstly, mere irregularity in service is not sufficient and secondly, Court should be satisfied that defendant had notice of date of hearing and had sufficient time to appear and answer plaintiffs claim - If both conditions are satisfied..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant has not only failed to show sufficient cause for his prolonged absence before trial Court but has also approached High Court after exhausting two rounds of adjudication both trial Court and revisional Court having concurrently..........
