Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Neither defendant nor his counsel attending hearing of case - No sufficient reason explained as to what prevented defendant from attending hearing of civil suit and if he did not appear then as to why his counsel also remained absent in those proceedings - Defendant acted in a manner to..........
Civil Procedure Code, 1908, Order 9, Rule 13 - - Ex parte decree - Setting aside - Appeal against an ex-parte decree dismissed - No direction issued by Appellate Court directing plaintiff to avail remedy of an application U.O.9.R.13 CPC - Remedy of an application U.O.9.R.13 CPC is thus, clearly barred by O.9.R.13 Proviso CPC...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Defendant/State of U.P though was tardy and could not ensure timely appearance, yet when concerned officials were made aware of pendency of suit and ex parte order, prompt steps were taken - Even plaintiff sought an adjournments at least on two occasions - In such circumstances, it cannot be..........
Consumer Protection Act, 1986, Section 21(a)(ii), 19 -- A party proceeded ex parte by State Commission - An appeal thereagainst lies to National Commission...........
Consumer Protection Act, 1986, Section 21(a)(ii), 19, Constitution of India, 1950, Article 226 -- Writ jurisdiction - A party proceeded ex parte by State Commission - An appeal thereagainst lies to National Commission - High Court should avoid to entertain a writ petition against the order of State Commission, in view of availability of an alternative and efficacious..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Ex parte order against husband - Personal service not affected upon husband - It is not the case of wife that husband deliberately tried to avoid service of summons - Although husband not filed application u/s 126(2) Cr.P.C, but went in revision assailing ex parte order - Opportunity of hearing in the..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte judgment/award - Setting aside - Proceedings before Labour Court - Petitioner was represented by his lawyer who has filed Vakaltnama and prayed for time to file written statement - Thereafter no one appeared on behalf of petitioner on several dates, due to which case was ultimately disposed of - Since..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex-parte order - Setting aside - Eviction order - Application filed after more than 3 years after ejectment order was passed - Attempts of tenant had been to delay proceedings by one way or other - It is by now more than 19 years after eviction order was passed in favour of landlords and at this stage, tenant..........
Punjab Land Revenue Act, 1887, Section 16 -- Revision - Delay of 180 days - FC without condoning delay in filing revision has proceeded to set aside order passed by Collector on the ground that petitioners have been proceeded against ex-parte - However, no records were called for to verify as to whether petitioners have been rightly proceeded against ex-parte or not -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 552 days in filing petition for setting aside ex parte decree - Dispute involves recovery of possession of property and removal of permanent structures - Thus, it would be just and proper to give an opportunity to defendants to contest matter on merits - Delay condoned subject to payment of costs of..........
