Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Suit for specific performance - Defendant proceeded ex parte on 4.4.2013 and application to set aside ex parte order filed on 17.1.2015 - Numerous opportunities taken by plaintiff to file reply to the application - After filing of reply case adjourned thrice for arguments - By virtue of the..........
Civil Procedure Code, 1908, Order 15, Rule 2 -- One out of several defendants proceeded ex parte - Decretal of suit against defendant proceeded ex parte - Held, absence of defendant does not absolve plaintiff from satisfying trial Court about validity of his claim - Rather in a case where defendant has been proceeded ex parte, Court is to be more vigilant and satisfy..........
Civil Procedure Code, 1908, Order 15, Rule 2 -- One out of several defendants proceeded ex parte - Decretal of suit against defendant proceeded ex parte - Courts below rightly declined the prayer to pass a decree when there are other contesting defendants...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3(a) -- Ex parte interim injunction - Non compliance of provision of O.39.R.3(a) CPC as directed - Second application filed and Court granted interim injunction for the second time - Held, second application is not maintainable unless and until plaintiff complied with the previous order - Impugned order set aside - However,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Appeal - Against an order granting ex parte interim injunction for the second time - Appeal is maintainable, particularly when ex parte interim injunction granted by Court entertaining second application itself is erroneous, as provision of O.39.R.3(a) CPC not complied...........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Ex-parte decree - Plea of no, service of notice of suit - Appellate Court cannot proceed on basis that summons was admittedly served on defendant - This plainly is contrary to pleadings and there is no possible justification of the same - Order of First Appellate Court in dismissing appeal set aside - Matter remitted..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Defendant proceeded ex parte after filing written statement - It is duty of Court to look in the pleading raised in the written statement, so as to have an appreciation with respect to the requirement of O.8.R.5 CPC including the specific denial of pleading of plaintiff, if any, or admission, if any, thereof...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Ad interim injunction - Violation - Police aid - Despite injunction order defendant illegally trying to interfere and threatening to dispossess - Police aid is to be granted - Police aid cannot be denied on the ground that wife of defendant filed another suit and obtained ex parte ad interim order...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Wrong address of defendants given by plaintiff - Report of process server recorded that defendants already left the said address - Plaintiff on 5 consecutive hearings, did not give the correct address nor filed any registered AD - Alleged service of defendants on the same address by means of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons not served to defendant - Presuming the service of defendant in the order sheet on the basis of refusal cannot be considered to be justified and legally perfect, particularly when registered address filed along with it is alleged to be forged and not actually filed by defendant -..........
