Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex-parte decree - Setting aside - Limitation - Once due service is not established, limitation for setting aside ex parte judgment and decree would count from the date of knowledge...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Eviction petition - Omission on the part of tenant or his counsel to know next date fixed in the case clearly appears to willful in nature - Record reveals that counsel of tenant present on the date fixed for hearing - But no such challenge regarding presence of Counsel given in application..........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte temporary injunction - Once Court says that compliance of O.39.R.3 CPC should be made, it means that it should be within 24 hours - Passing further order giving 3 days time for paying deficient process fee or furnishing copies of plaint for issuance of summons, cannot in any way be linked with direction given to..........
Civil Procedure Code, 1908, Order 39, Rule 3A -- Ex parte temporary injunction order - Disposal of application within 30 days - Court can vacate or modify the order only when defendant files his written statement and statement of objection to the application or an application U.O.39.R.4 CPC - If Court has to come to a contrary opinion, it is duty of defendant to make out a..........
Civil Procedure Code, 1908, Order 39, Rule 3A -- Ex parte temporary injunction order - Disposal of application within 30 days - Plea that defendant gets a right of appeal if application is not decided within 30 days - Held, that right is always available only when he is ready to argue by putting forth his defence...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Ex parte order passed on 22.11.2011 - Petitioner filed an application I.A.No.71 of 2015 - Delay by itself not a ground to set aside ex parte order - Ex parte order set aside...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objections - Petitioner at no point of time challenged ex parte decree passed against him in regular appeal, despite receiving information regarding on going proceedings - Rather, in execution proceedings, petitioner has chosen to file his objection, which was turned down - Objection rightly..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Explanation provided by defendant for his absence is that he was ill - Plaintiffs in their counter affidavit not disputed illness of defendant - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Irregularity in service - If defendant knew of the proceedings and yet choose not to appear, then mere irregularity in service does not make ground for setting aside ex parte judgment and decree...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Suit for recovery - Defendant got Court record inspected through advocate after passing of ex-parte decree and filed application U.O.9.R.13 CPC after 1-1/2 year without being accompanied by application for condonation of delay - Moreover, defendant entered into settlement with plaintiff after..........
