Civil Procedure Code, 1908, Section 9, Order 9, Rule 13 -- Separate suit to set aside ex parte decree on the allegation of fraud - Not maintainable at the instance of a person who was party to the said ex parte decree - The only remedy available is to file an application to set aside ex parte decree and further remedy in the form of appeal or revision - Remedy of filing..........
Civil Procedure Code, 1908, Order 9, Rule 13, 6 -- Ex parte decree - Defendants appeared but failed to file written statement - Ex parte decree against defendant - Setting aside of - Held, if in the suit in which defendants appear but failed to file written statement, however plaintiff had filed evidence either on affidavit or otherwise, then decree passed on the basis of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Divorce - Exparte decree - Setting aside of - Condonation of delay - No knowledge of ex parte decree, held, to be sufficient cause for condonation of delay - Decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 2 -- Exparte decree - Setting aside - Non supply of copy of plaint alongwith summons - Only an irregularity - Ex parte decree cannot be set aside on this ground...........
East Punjab Urban Rent Restriction Act, 1949, Section 15,15(1)(b) -- Eviction petition - Ex-parte order - Setting aside of - Appellate Authority dismissed application for setting aside ex-parte order being not maintainable - Held, order refusing to set aside ex-parte order of eviction is appealable before Appellate Authority as appointed under provision of Act...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte order - Setting aside of - Held, U.O.9.R.7 CPC, it is incumbent on petitioner to assign good cause for his no, appearance on date he was set ex parte - Petitioner in his petition has not shown any cause, much less any good cause, justifying his no, appearance on date he was proceeded ex-parte except the only plea that..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Held, while dealing with application to set aside ex parte decree or condoning delay in setting aside ex parte decree, Court will not deal with merits of case...........
Civil Procedure Code, 1908, Order 5, Rule 2, Civil Procedure Code, 1908, Section , Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside of - Summons not duly served with copy of plaint - Condonation of delay - Appellant had given contradictory statements - Facts were not properly disclosed in affidavit filed in support of application for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte preliminary decree - Application for setting aside ex parte decree filed on 05.07.2008 and final decree was passed on 20.08.2009 - While final decree was passed, application for setting aside ex parte preliminary decree was pending - Held, it is perfectly within jurisdiction of court to entertain application to set..........
Consumer Protection Act, 1986, Section 13(4), 17, 18, 22(1), 22A -- Ex parte order - Recall of ex parte order - Review of orders - Powers of State Commission/District Forum - Held that the Tribunals are creatures of the Statute and derive their power from the express provisions of the Statute - The District Forum and the State Commissions have not be given any power to set..........
