Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Application U.O.9.R.13 CPC cannot be filed before trial Court once decree of trial Court merges in the decree of Appellate Court...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 3, Article 123 - - Ex parte decree - Setting aside of - Limitation - Held, period of limitation for filing application U.O.9.R.13 CPC is to be reckoned from the date of knowledge of passing of ex-parte decree - Court has no jurisdiction to entertain such application after expiry of period of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 37, Rule 4 - - Ex parte decree - Setting aside of - Held, it is settled law that ex-parte decree against defendant can only be set aside if he satisfies Court that summons had not been duly served or he was prevented by sufficient cause from appearing and further in addition, there existed..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 30, Rule 3, Civil Procedure Code, 1908, Order 21, Rule 50 -- Ex parte decree - Setting aside - Partnership firm - Service of summons on defendant No.1 partner of the firm cannot be presumed to be service of summons on defendant No.2, who is sued in his individual capacity although allegedly..........
Civil Procedure Code, 1908, Order 9, Rule 13, 9, Constitution of India, 1950, Article 227 -- Rejection of application U.O.9.R.13 or U.O.9.R.9 CPC - Challenge to liability to pay costs or its quantum while allowing applications can be made in appeal only - Original petition under Art.227 not to be entertained...........
Civil Procedure Code, 1908, Order 9, Rule 13, 9 -- Costs fixed for allowing application U.O.9.R.13 or U.O.9.R.9 CPC not to be substituted by higher Courts - Costs directed to be paid as condition should be realistic and practical and should not be fanciful and whimsical...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Husband remarried after expiry of limitation period to file appeal - Application to set aside ex parte decree is maintainable even when husband remarries after expiry of period of limitation to file appeal - In the instant case wife had no..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Rights of parties not to be defeated merely on technicalities - Courts are liberal to set aside the ex parte decree even when sufficient cause is not shown and visit the defaulting party with costs as panacea for the inconvenience and the difficulty caused to a decree holder - The dilution of..........
Civil Procedure Code, 1908, Order 1, Rule 8, Civil Procedure Code, 1908, Order 9, Rule 13 -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 41 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC dismissed - Appeal also dismissed - Revision pending in High Court - Defendant also filed appeal against ex parte decree - Held, first appellate Court can still hear and decide appeal during pendency of revision in the High..........
