Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Imposition of condition - When there is no fault attributable to the parties in not putting appearance on the day when ex parte order was passed, the imposition of condition precedent should be avoided...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Delay of 469 days - Applicant came to know for the first time about ex parte decree when notice in execution was served on him - Trial Court set aside exparte decree after condoning delay - High Court in revision set aside the order of trial Court - Appellant..........
Debentures -- Non-payment of - Complaint filed - Opposite parties filing written statement and admitting that the payment of debentures could not be made to the complainant due to poor financial position - However, at a later stage, none appearing on behalf of the OPs before the District Forum - District Forum deciding the case in favour of the complainant on the admission..........
Ex-parte order -- Respondent in the main case failed to appear despite proper service of notice - Ex-parte order passed on valid grounds and on merits against the respondent - No infirmity in the impugned order of the District Forum in dismissing the application of the respondent for setting aside ex-parte order - No reason to set aside even the original ex-parte order..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Death of one of the defendants a guarantor - Notice sent to one of L.R's on incorrect address - Exparte decree passed - Said L.R. applied for setting aside ex parte decree - Order of rejection - No finding as to service of notice on him nor any enquiry held in that regard - His share in estate..........
Civil Procedure Code, 1908, Order 9, Rule 13, Arbitration Act, 1940, Section 17, 30, 33 -- Arbitration award - Objections not filed and ex parte decree passed - Held, O.9.R.13 CPC is applicable - If application for setting aside the award is filed beyond the prescribe time and sufficient cause for condoning the delay in filing objection application is established, Court..........
Arbitration Act, 1940, Section 33, Civil Procedure Code, 1908, Order 9, Rule 13 -- Arbitration award - Ex parte decree passed as objections u/s 33 of Arbitration Act not filed - Setting aside exparte decree - Held, provisions of CPC are applicable...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 21, Rule 26 -- Ex parte decree - Setting aside - Stay of execution - In case execution of decree not stayed, whole purpose of filing application U.O.9.R.13 CPC would be defeated - Moreover, in terms of the directions of Court, defendant has already deposited a sum of Rs.20, 000/- - Execution of..........
Ex parte proceedings -- Setting aside of - Applicant respondent proceeded ex parte in appeal presuming service as the registered letter not received back undelivered - Application duly supported by affidavit that applicant respondent not served - Plea of the non applicant appellant that there is no provision in the Consumer Protection Act, 1986 to set aside the ex-parte..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Appeal preferred against ex parte decree - Dismissed being time barred - Application for setting aside ex parte decree is not maintainable...........
