Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Pre-emption Act, 1913, Section 15 -- Ex parte decree - Setting aside - Suit for possession on the basis of right of pre-emption granted to a co-sharer - Plaintiff's right of pre-emption stood extinguished by virtue of amendment to the Act, at the date when fresh decree by Court of first instance after setting aside ex..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be granted after Court reaches conclusion that plaintiff has no prima facie case even when defendant was proceeded ex parte...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Mere filing of memo of appearance which is valid only for one date, service on defendant cannot be assumed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 25 -- Ex parte decree - Setting aside - Some of the defendants residing out of country - Procedure U.O.5.R.25 to be followed - Court committed serious illegality in ordering publication of notice in local newspaper - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte decree - Setting aside - Dismissal of application in default - Appeal against said order, is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant absent and proceeded against U.O.9.R.6(a) CPC - Ex parte judgment passed on merits - Held, application U.O.9.R.13 CPC lies notwithstanding the fact that ex parte judgment was passed on merits...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Agreement to sell regarding suit property alleged to be executed between father of defendant no.1 and respondent at a point when eviction had already been ordered against tenant - Respondent is himself a doubtful entity, as he never surfaced either in a Court..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Wife having no knowledge of passing of ex-parte decree of dissolution of marriage inspite of residing with husband under same roof - Keeping in view the rival claims and interest of parties in matrimonial case, ex-parte decree set aside...........
Civil Procedure Code, 1908, Section 80(2), Order 39, Rule 1, 2, 3, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Ex-parte interim order passed against Government, who is not party to suit - Without recording reasons and without issuing show-cause notice - Order passed is vitiated by illegalities and is hereby set aside - Petition allowed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Dismissal of application without taking evidence of parties - Impugned order set aside - Matter remitted for decision afresh in accordance with law...........
