Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 20 -- Ex parte decree - Setting aside - Resort to O.5.R.17 CPC not taken by Court prior to allowing an application for substituted service of defendant nor satisfaction as required u/o 5 Rule 20 CPC recorded or pasting of notice as mandated under the said provision - Ex parte decree..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Defendant's counsel drawn into carelessness and did not pursue suit with requisite diligence - Litigant should not be made to suffer for misdemeanor or inaction of his counsel - Delay in filing application condoned - Ex parte decree set aside subject to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Set aside - Defendant should be permitted to file written statement in his own defence - Prejudice caused to plaintiff by delay can be compensated through costs...........
Civil Procedure Code, 1908, Order 41, Rule 14(3) -- Suit for specific performance - Grant of alternative relief - Appeal thereagaisnt filed by plaintiff - Reversal of decree and grant of relief of specific performance even without issuing notice to those defendants who were proceeded ex parte in the trial Court - Held, Appellate Court committed patent illegality by..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte eviction order - Setting aside - Service of summons - Petitioner No.1 not found at spot and his father refused to accept summons on behalf of his son - Held, when petitioner No.1 was not found at spot, Court should have made another effort to effect service on petitioner No.1 so that lis between parties was decided..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte Decree - Setting aside - No court shall set aside a decree passed ex-parte merely on the ground that there had been an irregularity in service of summons, if the court was satisfied that defendant had notice of the date of hearing and had sufficient time to appear and answer plaintiff's claim...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte Decree - Setting aside - Non-receipt of notice - Condonation of delay - Merely because instead of word `Secretary' word `Manager' had been written on the address which was otherwise complete - It would not be sufficient to hold that no, applicant college was not served, more particularly when the notices sent by..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Service of summons - Report of refusal - There is no presumption as to proof of service of summons on a person who had prior knowledge of the pendency of divorce petition in a police station - Even then she needs to be served with the summons to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Depending upon facts of each case, Court can decide application to set aside ex parte decree on the basis of affidavits - Evidence need not to be led in all cases...........
Civil Procedure Code, 1908, Section 148A -- Caveat - A caveat is merely an advance intimation by the defendant communicated to the prospective plaintiff and registered in the court, where defendant expects the suit to be filed - A caveat is merely an anticipatory application to ensure that no ex parte interim order is granted to such prospective plaintiff...........
