Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit - Defendant successfully proved that he had sufficient reason for not appearing before trial Court as compromise arrived at between parties in complaint u/s 138 of Negotiable Instruments Act - Whether or not present transaction was a part of compromise arrived at between parties..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of a party - Petition of appointment of guardianship - Family Court entertained transposition application filed by mother ex parte and that too without ensuring that it was duly served on father consequent to notice issued thereon by Court - Such transposition was permissible but after allowing application ex..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte eviction order - Setting aside - Service of summons by Munadi - Service of summons was effected but there was an irregularity as copy of petition was not served - Since it was well within knowledge of defendant that there was a case pending against him qua which service of summons was effected - Even if it was not..........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte order - Setting aside - Eviction suit - Summons were duly served to tenant - Tenant had been appearing in proceedings since the year 2017 - But since Nov 2018 till June 2019, tenant did not come for further progress of case and opted to remain absent from dates fixed..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Police aid - To implement ex parte ad interim injunction order - Courts not to usually order grant of police aid to implement order of ex parte ad interim injunction order - Since it is not an order on merits after hearing both the parties, Court would be very slow in granting police aid, till possession and rights of..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Defendant proceeded ex parte - Right to lead evidence - Defendant who is proceeded ex parte can lead evidence subject to certain riders, viz. (i) Witness cannot propound a new case or the case of its own; (ii) Witness must not have entered witness box in the said suit previously to lead evidence and has been cross-examined;..........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 3, 3A -- Appeal - Ex parte injunction - Law as to : (i) Miscellaneous appeal against ex parte injunction order would be maintainable only after expiry of 30 days where provision of O.39.R.3-A PC is in force; (ii) In State of UP, since Circular dated 16.8.17 issued providing for 6..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant came to know about ex parte decree only after receipt of notice in Execution petition - He immediately filed application U.O.9.R.13 CPC and also filed application U.O.16.R.1(2) CPC to issue summons to Post Master concerned to attend Court and give evidence - Further proceedings in..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - De novo trial - Suit for permanent injunction and mandatory injunction - Plaintiffs and defendant no.1 claim tenancy under defendant no.2 - However, defendant no.2 remained ex parte - Production of documents available with defendant no.2 regarding leasehold right will have much assistance to Court for an effective..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Delay in payment of rent - Eviction petition - Tenant not complied the statutory requirement of deposit of admitted amount due along with interest as provided U.O.15.R.5 CPC on the ground that she is not in use and occupation of premises - Issue as to whether tenant is in use and occupation of property..........
