Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea that summons not duly served - Court without taking evidence of parties holding that summons were duly served and dismissed application - Since it was a suit for specific performance, Court ought to have resorted to procedure of taking evidence to decide the application - Impugned order..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Ex parte decree - Setting aside - Defendant was duly served in the suit and inspite of same defendant failed to appear - There were as many as three attempts made to serve defendant - Defendant is not justified in contending that report of postal department can also be forged on the registered..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant not properly served - Specific plea of defendant that he was not even residing at the address given when he was sought to be served - In that situation, heavy onus was on plaintiff to prove signatures of defendant on the notice issued by trial Court, which failed to do..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Ex parte order - Setting aside - Ex parte order can be set aside only in exceptional circumstances - This inherent power is with the Court and can be exercised when party is not at fault or ex parte order has been obtained by playing fraud with the Court or by collusion...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Matter was only at initial stage of settling issues - Petitioner filed application for setting aside ex parte proceedings on the next date of hearing - Trial Court ought to have taken a lenient view - Ex parte proceedings set aside subject to costs of Rs.500/-...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 23, Rule 3 -- Ex parte decree - Setting aside - Court while exercising power U.O.9.R.13 CPC is competent to invoke jurisdiction as provided in proviso to O.23.R.3 CPC and examine the validity of compromise...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 23, Rule 3 -- Ex parte decree - Setting aside - Forgery committed in getting the ex parte decree - Land in dispute recorded in the name of `Surendra Singh' but written statement filed by one `Sahendra Singh' - Written statement not filed by competent person - There was apparent forgery..........
Civil Procedure Code, 1908, Order 41, Rule 20(2), Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Appeal - Impleadment of a party - Petitioners as pro forma defendants failed to file written statement and proceeded ex parte in title suit - They never tried to recall ex parte order passed against them - Rather, application U.O.1.R.10(2) CPC was filed by petitioners twice..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - One single application can be filed for condonation of delay and also to set aside ex parte decree, where grounds for seeking both such reliefs are same...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 129 days - Defendant is senior citizen aged over 66 years - He failed to take necessary steps in setting aside ex parte decree owing to old age and age related ailments - Court below ought to have been more liberal in its..........
