Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 9, Rule 13 -- Maintenance pendente lite at the rate of Rs.1900/- per month granted in an appeal filed by wife against order dismissing her application U.O.9.R.13 to set aside exparte divorce decree obtained by husband - Non payment of maintenance - Defence of husband struck off - Averments made in the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 10, 12, 17, 19 -- Ex parte decree - Setting aside - Summons - Service - Refusal - Court should follow procedure as laid down in Rules 17 & 19 of Order 5 - If such procedure is not followed, ex parte decree to be set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Counsel absent due to ill health on the date fixed in the case and an application to that effect on behalf of the counsel filed - Trial Court rejected application - Exparte decree passed - Held, for reasons attributable to counsel's health litigant should not suffer - Trial Court ought to have..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - 'No instructions' pleaded by counsel of defendant - Engagement of counsel does not though mitigate duty of defendant to be vigilant yet on liberal view of matter being taken, ex parte decree set aside subject to deposit of Rs.15, 000/- in Court - Court to deposit the amount in Bank - Deposit..........
Civil Procedure Code, 1908, Order 9, Rule 6, 3, Civil Procedure Code, 1908, Order 14, Rule 1, 4 -- Date fixed for framing of issues - Appearance of parties on that date is not necessary - Ex parte proceedings against defendant for non appearance on the date fixed for framing of issues, set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitrator - Exparte appointment - Application U.O.9.R.13 CPC to set aside ex parte order - Not maintainable - However, even if such an application is assumed to be maintainable, order cannot be set aside as no prejudice is caused thereby to the applicant - Parties can..........
Limitation Act, 1963, Section 5 -- Delay of 1539 days in filing petition to set aside ex parte decree - Condonation - Petition by State - Reason given for delay that the relevant records could not be traced due to bifurcation of districts - Not convincing - However, conduct of the State authorities though negligent not mala fide - Statements made in the affidavit showing..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - Defendant can participate in the suit at the stage at which it is pending without getting the exparte order set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Defendant could not appear as she was away to America in connection with her treatment - Counsel also did not appear - Application filed within four days - Held, that absence of counsel should not visit defendant with ex parte decree - Exparte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Defendant proceeded exparte on 30.1.1995 and exparte decree passed on 24.3.1995 - On 30.1.1995 applicant was suffering from dysentery and he could not give appearance in the Court - Written statement was already before the trial Court and it could have framed the issues of its own level..........
