Civil Procedure Code, 1908, Order 41, Rule 21 -- Re-hearing of appeal - It is for Court to decide whether there was any ground for re-hearing of appeal because ex parte judgment and decree - For that purpose, Court is to see whether notice was duly served or that applicant was prevented by sufficient cause from appearing on the date of hearing and if Court thinks so, it..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Re-hearing of appeal - Applicant was minor at the time of filing appeal - She was minor when service was effected and on that basis minor was proceed ex parte - Court rightly observed that decree against minor is nullity and if appeal is admitted for rehearing the same would be beneficial for the appellant himself - That was..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Scope of application U.O.9.R.13 CPC - Cannot be extended to decide the factum of marriage...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Application filed by wife after 13 years of passing of decree - Wife contended that she never received summons from Court nor she engaged counsel - However, wife never denied her signatures on the power of attorney filed by counsel - It is only..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Non-filing of written statement within 90 days - Defendant proceeded ex parte - There is absolutely no ground for setting aside ex parte decree - Application dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 14, Rule 1 -- Ex parte decree - Setting aside - No objection by plaintiff for setting aside ex parte decree - No necessity to frame an issue for determination - Ex parte decree set aside...........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 5(3) -- Second appeal - Stay of execution of decree - Formulation of substantial question of law is an imperative to proceed with the appeal - Court cannot proceed unless condition precedent is satisfied - Solely because Court has jurisdiction to pass an ex parte order, it does not empower it not to formulate the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel pleaded no instructions - Court is required to issue notice to defendant - Nothing on record that counsel after pleading no instructions sent an intimation to his client - Moreso three witnesses of plaintiff were present for cross examination but counsel did not cross examine and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Court is expected to take cognizance of subsequent event also in deciding application for restoration/setting aside ex parte decree...........
Hindu Marriage Act, 1955, Section 13, 15, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Condonation of delay - Husband got remarried after expiry of appeal period - Allowing application of wife for setting aside ex parte decree at this stage would defeat the rights of husband after divorce, particularly when delay..........
