Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Sale deed executed by defendant No.3 through attorney challenged - Attorney also impleaded as defendant in the suit - Defendant No.3 served through attorney as well as through Munadi - Proceeded ex parte on non appearance - Non appearance of defendant No.3 as a witness - It was only defendant..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Defendant proceeded ex parte - No good cause shown for previous non appearance - Defendant can participate in the proceedings at the stage at which he puts in appearance...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney - Statements of power of attorney on both sides could be read in evidence as the facts relating to sale transaction having taken place in front of them were in their personal knowledge and, therefore, no, appearance of plaintiff and defendant themselves in the witness box could not vitiate their respective..........
Civil Procedure Code, 1908, Order 37, Rule 3(4), Civil Procedure Code, 1908, Order 9, Rule 13 -- Summary suit - Ex parte decree - Setting aside of - Summons for judgment in Form 4A in Appendix B was not served on counsel for defendant as contemplated U.O.37.R.3(4) - Court below had posted the case only after 4 days after defendants entered appearance and passed an ex parte..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Summons has been duly served upon defendant Nos.1 to 3 - They had knowledge of institution of suit - They did not take any steps in said suit and Defendant No.4 entered appearance but did not contest said suit - Suit was decreed ex parte - Cause shown by defendant cannot be treated as..........
Partnership Act, 1932, Section 69(2) -- Partnership firm - Not registered on the date of presentation of plaint - Firm got registered after filing of suit and before appearance of defendant - Suit though not maintainable initially could be filed afresh after registration of firm - No lack of jurisdiction in entertaining suit - Decree passed in the suit is not a nullity...........
Civil Procedure Code, 1908, Order 9, Rule 13 -Second Proviso - For applicability of the provision of O.9.R.13 Second Proviso the defendant should have notice of the date of hearing and also should have sufficient time to put in appearance - In the instant case in another suit plaintiff disclosed the fact of pendency of instant suit but did not disclose the date of hearing..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Divorce petition by husband - Wife proceeded against ex-parte at a stage when she was to file written statement - Ex- parte order sought to be set aside on the ground that advocate of wife fell sick - Ex- parte order set aside - Held, if defendant shows good cause for his or her non-appearance..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Setting aside decree passed U.O.37.R.2(3) - Decree can be set aside under special circumstances envisaged U.O.37.R.4 - In an application U.O.37.R.4 defendant should not only show sufficient cause for his non appearance on relevant date but also disclose grounds to defend the suit...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex-parte decree - Remedy with the defendant - Defendant proceeded ex-parte after notice and appearance on his behalf - Defendant absented himself - Defendant has no remedy to file application under Order 9 Rule 13 CPC - Remedy is to file an appeal - It will be for the appellate court to decide whether defendant..........
