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..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife not served with summons and her signatures were obtained on blank papers by her husband and later on misused by converting them into a power of Attorney on her behalf - She came to know of ex parte divorce decree obtained against her by husband only after his death..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Two remedies available to defendant are, First to file an application U.O.9.R.13 CPC to set aside ex parte decree and second to file an appeal u/s 96(2) CPC...........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Ex parte decree - In case defendant files an appeal against ex parte decree and appeal is dismissed then defendant cannot file an application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Ex parte decree - Appeal against - Right to appeal is a statutory right - Defendant cannot be deprived of the statutory remedy merely on the ground that application filed U.O.9.R.13 CPC was earlier dismissed...........
Civil Procedure Code, 1908, Section 96(2), Limitation Act, 1963, Section 5 -- First appeal against ex parte decree - Condonation of delay of 546 days - Earlier there was delay of 276 days in filing application U.O.9.R.13 CPC - Pursuing application U.O.9.R.13 CPC has caused further delay of 270 days - Defendant shown his bona fide by depositing Rs.25 lakhs in compliance of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Absence of defendant from proceedings not attributed to any negligence on part of her counsel as alleged by her - But application filed to set aside ex parte decree passed against her more than 1 year after she was proceeded ex parte, is only a device to linger on the matter and deny fruits..........
