East Punjab Urban Rent Restriction Act, 1949, Section 13, 15(5) -- Revision - Ex parte order - Non payment of Rent - Appellate Authority did not deal with other grounds set up by respondent-landlady for seeking eviction i.e. ground of change of user of demised premises for purpose other than for which it was let and whether petitioner tenant is guilty of such act which..........
Limitation Act, 1963, Article 123 -- Setting aside of ex-parte decree - Time period - 30 days time is provided from date of knowledge if applicant is not aware of decree and had not been duly served...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside of ex-parte decree - It is apparent that defendants had adequate notice of date of hearing and had time to appear and answer petitioner's claim - Defendants were well aware of pending proceedings - Moreover, application for setting aside ex-parte decree is also time barred - Hence, application for setting aside..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1 year - Petitioner has been pursuing litigation diligently and only because of no, representation due to death of sole bread winner of family the ex parte proceedings had been initiated - Finding of lower Court that petitioner was aware of auction proceedings as had gone to the fields for the purpose of..........
Civil Procedure Code, 1908, Section 96(2), Order 43, Rule 1(d) -- Appeal - Dismissal of application U.O.9.R.13 CPC - Maintainability - Defendants instead of filing an appeal as contemplated u/s 96(2), O.43.R.1(d) CPC, chose to challenge the ex parte decree by filing an appeal u/s 96(1), O.41.Rr.1,2 CPC which is a substantive right - It cannot be held that present appeal..........
Hindu Marriage Act, 1955, Section 13(1A)(ii), 9 -- Divorce - Ex parte decree of restitution of conjugal rights in favour of husband - No cohabitation between parties for one year of passing of decree - Divorce can be granted to wife irrespective of the fact that there was refusal to resume cohabitation by wife and petition for execution of ex parte decree for restitution..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Ex parte decree - Setting aside - Defendant who seeks setting aside of a ex parte decree has to make out special circumstances for same - Apart from sufficient cause, defendant would have to prove he has a good defence on merits...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Ex parte decree - Setting aside - Notice of summons for judgment was served on defendants and not on their advocate as advocate was not available - Immediately after acquiring knowledge of decree being passed instant notice of motion came to be filed - It cannot be said that defendants have acted in negligence..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Interim injunction - Appeal - Trial Court committed error by granting ex-parte interim injunction, that too without inviting objections from defendant - Moreover, Court also did not observe three conditions, i.e prima facie case, balance of convenience and irreparable loss and..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Defendant proceeded ex parte - Setting aside ex parte order - (i) No limitation is prescribed for setting aside ex parte order; (ii) In view of facts and circumstances of case, there is no requirement of issuing notice to the respondents as it will unnecessarily entail unnecessary expenses and delay the matter; (iii) However,..........
