Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Nothing on record to demonstrate that Court Amin has made any endevaour with due and reasonable diligence to find out defendant - Simple statement of wife of defendant on the first date of visit of Process Server, wherein wife has refused to accept the notice and shown..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Condonation of delay - Petitioners have disclosed the date and source of their knowledge about passing of exparte decree - Defendant no.1 already sold the property in favour of petitioners - Rights of petitioners are adversely impacted by decree - Petitioners shall suffer an irreparable loss..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - It is the knowledge of date of hearing and not the knowledge of pendency of suit, which is relevant for the purpose of considering an application U.O.9.R.13 CPC to set aside an ex parte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Endorsement of refusal - Amin or postal authorities not examined to prove that wife had refused to receive notice - Wife stated that she came to know about the proceedings only through reply can be reasonably considered in her favour - Even,..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 162 days in filing application to set aside ex parte preliminary decree - Delay occurred due to ill heath of defendant - Medical certificate was filed to justify the ground taken for such delay - Ground taken by defendant is not frivolous - Period of delay is not too long and due to prevalence of COVID-19..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Set aside subject to furnishing bank guarantee - Ex parte decree set aside by holding that no summons had ever been received by the defendant - Condition so imposed is completely unsustainable, hence set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant suffering from Lung Cancer - Defendant died within a period of 1-1/2 months from the date he was proceeded against ex parte - In these circumstances, Court should have taken a holistic view of the matter - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Irregularity in the service of summons - Ex parte decree not to be set aside if Court is satisfied that defendant had notice of date of hearing and had sufficient time to appear and answer the plaintiff's claim...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 1026 days - Suit for specific performance - Liberal view has to be taken in the matter of condonation of absence of a party especially in a suit for specific performance unless negligence is so grave to the extent of outweighing..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte decree - Setting aside - Suit was at the stage of plaintiffs evidence - Evidence of defendants had not even started - O.17.R.2 Explanation CPC could not be invoked by High Court and based upon it holding that an application U.O.9.R.13 CPC would not be maintainable, as..........
