Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1 -- Ex parte decree - Setting aside - Dismissal of application for condonation of Delay - It is revision and not appeal which lies against dismissal of application for condonation of delay...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte decree - Setting aside - Dismissal of application - Held, it is appeal and not revision which lies thereagainst...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Application to set aside ex parte proceedings can be filed during the course of hearing of suit that is till hearing of final arguments in the suit - Application filed after hearing final arguments is neither maintainable nor ex parte proceedings can be set aside - The only remedy..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent vendees - Merely because principle of lis-pendence applies to sale in favour of subsequent vendees ipso facto is no ground to reject their prayer for being impleaded as defendants in suit particularly when vendor of subsequent vendees playing truant with Court - Vendor defendant No.2 is ex-parte and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - There is no legal impediment in filing appeal against ex-parte decree after filing application for setting aside ex-parte decree - Though remedies are concurrent but their scope is entirely different - The two remedies provided against ex-parte decree are in respect of two different..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Dismissal of application for setting aside ex parte decree on ground of non service of summons - Withdrawal of appeal filed thereagainst - Withdrawal of appeal means acceptance of finding that story of non service of summons is not true - Conduct of defendants is not bona fide as..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree of divorce - Setting aside - Delay of 13 days - Wife came to know about ex parte divorce decree when she was informed by husband on telephone - Delay sufficiently explained - Delay of 13 days in filing application is not such a delay, which should be disallowed by Court,..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Ex parte decree of divorce - Setting aside - Service of summons through publication - Summons when received back with endorsement `unclaimed' Court without resorting to provision of O.5.R.17 which provides service by affixation resorted to..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad interim injunction - Ex parte - Grant of - An ex parte injunction order is an exception - General rule is that injunction order be passed only after notice to defendant - It is only in rare cases where Court finds that object of granting injunction would be defeated by delay, Court can grant ex parte injunction but that..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad interim injunction - Ex parte - Grant of - Court to record reasons for its opinion that object of granting injunction would be defeated by delay - Requirement of recoding reasons is not a mere formality but a mandatory requirement...........
