Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 1515 days - Imposition of cost - Held, taking into account the huge delay in filing the application U.O.9.R.13 CPC, the awarding of a sum of Rs.1,500/- (one thousand five hundred) would not meet the ends of justice and it could..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Delay of 435 days - Condonation of - Lower Court dismissed the application on the ground that application was filed without disclosing the factum of the earlier I.A. having been filed U.O.9.R.13 CPC as though the Power of Attorney of D4 came from Abu Dhabi, just before filing of said..........
Civil Procedure Code, 1908, Section 151 -- Ex-parte adverse order - Setting aside of - Application for - Dismissal of - Validity - Petitioner abandoned the case after 01.04.2011 and did not attend proceedings on 06.10.2011, 24.10.2011 and 11.01.2012 - According to petitioner, a new counsel was engaged who appeared on 08.02.2012 and they came to know of passing of adverse..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Refusal to set aside - Validity - Petitioner abandoned the case after 01.04.2011 and did not attend the proceedings on 06.10.2011, 24.10.2011 and 11.01.2012 - According to petitioner a new counsel was engaged who appeared on 08.02.2012 and they came to know of passing of adverse orders - Application under..........
Civil Procedure Code, 1908, Order 9, Rule 10, 13 -- Ex parte order against dead person - Setting aside of - Respondents could not bring all legal heirs on record at relevant time - Application filed by petitioner for setting aside ex parte award/order passed against dead person - Held, such award will create further complication when same is put for execution by..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5, Article 123 -- Ex parte decree - Setting aside - Application filed within 30 days of knowledge of decree - Held, application cannot be dismissed on technical ground that no separate application u/s 5 of Limitation Act is filed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Set aside after condoning delay - Propriety - No separate application for condonation of delay filed - But grounds have been made praying condonation of delay and affidavit also filed explaining reasons for delay - Held, once Court exercised discretion in positive manner,..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay - Condonation - While considering the delay condonation application court has to see the merit of the case also as the law of limitation is not meant to take away the right of appeal - The courts are meant for imparting justice and not to scuttle the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Ex parte ad interim injunction - Appeal against - Not maintainable when application U.O.39.R.4 is also pending - Application U.O.39.R.4 has to be heard first...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Held, a subordinate Court has jurisdiction U.O.9.R.13 CPC and u/s 5 of the Limitation Act to set aside an ex parte decree and to condone the delay caused in filing such application when to the satisfaction of Court sufficient cause is shown by applicant -..........
