Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - Application to strike out defence - Notwithstanding an order passed earlier to proceed ex parte, while deciding an application for striking out defence, it was duty of Court to give an opportunity of being heard to the defendants - However, that was not done - Order striking out defendants'..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit was decreed ex parte without giving proper opportunity to defendants to defend themselves - Conduct of suit proceedings and the manner in which ex parte decree was passed is illegal - Ex parte decree set aside with directions...........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Stamp duty imposed on the basis of ex parte report of Collector which was submitted without making any inspection by respondent as per R.7(3)(c) of Rules 1977 - Order passed u/s 47-A of the Act set aside...........
Hindu Marriage Act, 1955, Section 13 -- Ex parte decree of divorce - Divorce sought by husband on the ground that marriage was not consummated due to malfunctioning of organ of wife - If marriage was not consummated appropriate remedy is to file a petition u/s 12 of Hindu Marriage Act - However, petition u/s 12 of Hindu Marriage Act is only maintainable if it is filed..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Solemnization of marriage during operation of an ex parte decree of divorce of earlier marriage, would not amount to offence of bigamy, even though ex parte decree of divorce is subsequently set aside...........
Family Courts Act, 1984, Section 10(3) -- Jurisdiction of Family Court - Ex parte order - Setting aside - Divorce proceedings - Family Court had exercised discretion provided u/s 10(3) of the Act in setting aside ex parte order thereby permitting husband to participate in and contest the divorce petition - Exercise of discretion was in the interest of justice and to arrive..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - U.O.9.R.13 CPC, it is evident that an ex parte decree can be set aside if the cause for non-appearance is shown to be sufficient...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit for money - Defendant produced a document indicating that amounts have been paid to plaintiff - Moreover, defendant contended that he was suffering from dengue though treating doctor has not been examined - Adequate opportunity ought to be provided to defendant to make available..........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Setting aside - Service of summons - Family Court proceeded ex parte against husband after simply noting that registered cover notice issued received back with the report of refusal - Details of such refusal are missing in the said order - Moreover, there is total non-compliance of provisions of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree set aside on the basis of statement of registered power of attorney holder of plaintiff - Application by plaintiff to set aside such order as being the result of fraud played by power of attorney holder - Such assertion denied by defendant - In such circumstances, it was..........
