Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed against Defendant No.1 for non filing of process fee - Delay of 15 years - In such like matters, application should not be dismissed on the ground of limitation and Court to take a lenient view - Application allowed so as to give finality to the litigation because defendant No.1 may not move an..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Compromise decree - Application U.O.9.R.13 CPC - Application U.O.9.R.13 CPC for setting side compromise decree is not maintainable - Defendant has two courses available to either file an appeal against compromise decree or to file an application for recall of such an order - Application dismissed, as not..........
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, 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..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Report of personal service and an endorsement of process server in this regard with signature of defendant - Absence of plea that endorsement does not bear his signatures - No averment that defendant has no cordial relations with other defendants who are his family members, in order to..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal for default - Restoration - There is no automatic restoration of interlocutory applications for the reason that reliefs sought for in the interlocutory applications were not germane for deciding the issues involved in the original petition, nor they were ancillary reliefs to the original petition - The reliefs sought..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte proceedings - Setting aside - Case fixed for appearance of other defendant and filing his written statement - Defendant proceeded ex parte is not even required to file any application U.O.9.R.7 CPC - Defendant proceeded ex parte can appear on next date of hearing and can file his written statement - Court below..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Petitioner remained ex-parte on two occasions and provided no valid and sufficient reason to set aside ex-parte decree - If intention of litigant is not bonafide then he is not entitled to indulgence of Court - Order dismissing application calls for no interference...........
