Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application to set aside ex parte decree is not maintainable once appeal preferred against the decree is dismissed and becomes final between the parties - Entire proceedings seeking restraighten of suit proceedings and for setting aside ex parte decree is without jurisdiction and not..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Issues not framed - Ex parte judgment and decree not suffering from any infirmity merely because issues were not framed when both the defendants were proceeded ex parte...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit remained pending for five years after defendant was proceeded ex parte - Application to set aside ex parte decree filed after more than a year of passing of the ex parte decree - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - If there is failure of process of service in the manner that the law mandated, and when a petition is filed for an adjudication on merit, Court is bound to give an opportunity to the parties...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Defendant not served and substituted service ordered - Held, there is no presumption that a person has knowledge of such a publication...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Refusal to receive summons - If there is Court endorsement that a party had refused to receive the summon even then, there is no presumption of the correctness of the refusal unless bailiff himself had been examined in Court to speak about the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application initiated at the instance of one defendant - Ex parte decree set aside against all the defendants - Court is not required to serve notice to unserved defendants or defendants who had not approached for notice again...........
Civil Procedure Code, 1908, Order 9, Rule 13, Contract Act, 1872, Section 128 -- Ex parte decree - Set aside against principal debtor - Court ought to restore the suit so far as surety is concerned as liability of surety is co-extensive with that of the principal debtor...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Appellate Court failed to decide and record any findings why the decision of trial Court dismissing application U.O.9.R.13 CPC was bad - Question before Courts below in the proceedings U.O.9.R.13 CPC was to adjudge whether on a particular date of hearing absence of defendant or his counsel..........
Civil Procedure Code, 1908, Section 141, Order 9, Rule 13, 9, Limitation Act, 1963, Article 122 -- Restoration of restoration application - Dismissal of application U.O.9.R.13 CPC for non appearance - Restoration application U.O.9.R.9 CPC is maintainable and limitation to file such an application is 30 days in view of S.141 CPC...........
