Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - One of the grounds that first appellant who was looking after the suit fell sick and therefore could not attend on the day fixed in the case - Material to prove sickness not produced - Plea belied by the facts that it is the third appellant (son of first appellant) who has filed the affidavit..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Advocates strike - Appellant as well as her counsel presumably remained absent due to such strike call - In case ex parte order is not set aside appellant shall suffer severe prejudice - Exparte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Appellants appearing before Executing Court on 20.1.1996 and application to set aside ex parte decree filed on 12.2.1996 - Appellants not disclosing on what information they so appeared - Appellants having knowledge of ex parte decree at least by 29.11.1995 - Application dismissed - Order..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte order and decree - Setting aside of - Dispute between the parties required to be decided on merits except when parties grossly negligent - Appellate Court set aside ex parte order and decree finding that application beyond period of 30 days, delay caused by counsel, parties not to suffer for counsel's delay,..........
Order -- Setting aside of - Costs - Imposition of - Application for setting aside of ex parte order not opposed by the complainant - Imposition of costs of Rs.500/- by District Forum liable to be set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Where Court is satisfied that there was no service of summons and that party was not aware of suit proceedings and decree passed therein, it is open to Court to set aside ex parte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Set aside subject to payment of costs within 15 days failing which ex parte order to revive - Period of six months lapsing - Advocates strike no ground for condonation of delay as applicant himself could have deposited money...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Exparte order - Setting aside - Court has power to set aside exparte order and to impose costs and put the applicant on terms - Costs to be imposed should be reasonable so as to compensate the plaintiff for the loss of time and inconvenience - Court can direct the defendant to file written statement within an appointed time or..........
Consumer Protection Act, 1986, Section 15 -- Ex parte order- No provision in the Act to set aside the ex parte order passed on merit - Only course open is to file an appeal u/s 15 of the Act...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Whether not showing the name of Advocate for appellant in the `cause list' is a sufficient cause to set aside the exparte decree? Held, Yes...........
