Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for declaration and permanent injunction against 102 defendants - Admittedly there is no addresses of defendants separately furnished and no summons to any registered address of defendants issued or obtained - There was not even any service of notice - Summons of all the defendants were..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside ex-parte decree - Condonation of delay of 102 days in filing application - Court dismissed application filed u/s 5 of 1963, Act and ordered delivery of property on the very same day without granting time to petitioner to move to higher Forum - Prima facie, when termination of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Interim maintenance - Cannot be denied on the ground that an ex parte decree u/s 9 of Hindu Marriage Act is passed against wife...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Application for setting aside ex-parte decree - Condonation of delay - Sufficient cause - Defendants came to know about ex-parte decree passed against them, when execution proceedings were initiated - They immediately directed their counsel to proceed further - However, counsel failed to..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Service of summons through publication - Defendant denied service of summons or knowledge of suit - On denial, presumption regarding service of summons stood rebutted - Burden shifted upon plaintiff to prove that summons were served upon defendant..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Limitation - Summons not duly served upon defendants - Limitation of 30 days as prescribed u/art 123 of Limitation Act, would run from the date of knowledge of decree - Since date of knowledge of decree is 4.1.2014 and application is filed on 16.1.2014, as..........
Land Acquisition Act, 1894, Section 4, 23 -- Land acquisition - Award by Lok Adalat - Warrants issued for recovery of interest amount - State sought to recall the said order - Said order was not an ex parte order and it was binding on State and the same not having been challenged has to be given effect to for realization of decretal amount from the State - Appeal..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Subsequent purchaser - Defendants already proceeded ex parte and there is no one to contest the suit except the subsequent purchasers to protect their rights as decision of suit has direct effect on their rights - Order allowing impleadment as a party, upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Non-service of summons - Order refusing to grant opportunity to lead evidence by defendant in support of said application - Report of refusal made by Postman is not absolute and it is rebuttable - Evidence can be led by defendant to show that report was falsely made and infact he did not..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Re-hearing of appeal - It is for Court to decide whether there was any ground for re-hearing of appeal because ex parte judgment and decree - For that purpose, Court is to see whether notice was duly served or that applicant was prevented by sufficient cause from appearing on the date of hearing and if Court thinks so, it..........
