Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of divorce proceedings on the ground that she is financially dependent on her parents and therefore unable to pursue proceedings in Pune - She has been deliberately delaying the matter for over four years as recorded in 2024 and even remained absent for nearly seven months..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - For setting aside an ex-parte decree, applicant must establish `sufficient cause' for non-appearance on the date of hearing - Expression `sufficient cause' cannot be stretched to accommodate sheer negligence or deliberate procrastination...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Negligence, inaction or casual attitude cannot be equated with sufficient cause...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Defendants were not serious to pursue their cause and rather they were totally negligent - On account of non-appearance on three consecutive dates, ex-parte proceedings were drawn against defendants - Even, suit was not finally decided immediately and even thereafter..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for specific performance - Ex parte decree - Setting aside ex parte decree - Suit decreed ex parte without framing issues and application U.O.9.R.13 CPC filed within time rejected - Suit for specific performance cannot be decided without framing issues even when written statement is not filed - Ex parte decree set aside..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex-parte decree - Setting aside - When an ex-parte decree is passed, defendant has two remedies: (i) Either to file an application U.O.9.R.13 CPC to set aside ex-parte decree by satisfying Court that summons was not served or if served, defendant was prevented by sufficient cause from appearing in Court when suit..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Service of summons - In the absence of verification of address of a party, through a witness, service of summon cannot be treated as complete...........
Transfer of Property Act, 1882, Section 106, General Clauses Act, 1897, Section 27 -- Eviction notice - Notice sent to respondent by Registered Post in compliance with S.106 of Transfer of Property Act - High Court committed error by setting aside eviction decree holding that since endorsement on notice read "ND", notice was not delivered and therefore, any and all..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Secured asset - Tenant in secured asset - Respondent claimed he was a tenant in the secured asset from 1987 - However, he was unable to place on record any rent receipt, tax receipt or electricity bill evidencing continued occupation of premises prior to..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application for setting aside ex parte order was filed on the very next day when ex parte order was passed - No delay on part of petitioner - Petitioner cannot be blamed for delay caused in disposal of suit - Merely because suit is pending for more than 10 years, petitioner cannot be put into..........
