Civil Procedure Code, 1908, Order 37, Rule 4 -- Loan agreement - Recovery suit - Exparte decreed - On summons sent through ordinary process defendant was reported to be out of station as per information even by his wife - Summons sent by registered post came with remarks that addressee is not available despite repeated approach - On several dates either "Process fee was..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Ex parte decree - Setting aside - Fraud - To prove fraud it must be pleaded and proved - To prove fraud it must be proved that representation made was false to the knowledge of the party making such representation or that the party could have no reasonable belief that it was..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Costs - Suit amount more than Rs.23 lakhs - Considering the quantum of suit claim, ex parte decree set aside subject to payment of Rs.10, 000/- as costs - Held, it is not the quantum of the suit claim that is to be considered but the question to be considered is whether there was any wilful..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Exparte decree - Remedy to file appeal in an ex parte decree is also available to an aggrieved party - It is not necessary, for an aggrieved party to first file an application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - For sustaining exparte decree it is incumbent upon the successful party to show the presence of adequate evidence to sustain the findings - Merely because one of the party is absent would not ipso facto lead to the conclusion that evidence adduced by successful party supports his case - Mere fact that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte temporary injunction - Application U.O.9.R.13 CPC to set aside exparte temporary injunction - Grant of ex parte temporary injunction is only an order and not a decree - O.9.R.13 CPC is not applicable to set aside such an order...........
Civil Procedure Code, 1908, Order 21, Rule 43 -- Execution proceeding - Attachment of immovable property - Correct address has not been furnished in execution petition as to where movable sought to be attached have been kept - Further application to condone delay in filing petition to set aside ex parte decree was pending - Order of attachment of movable - Liable to be set..........
Civil Procedure Code, 1908 -- Order 9 ,R. 13 - Transfer of Property Act, 1882, Section 52 - Ex parte decree - Lis pendens transferee - Locus Standi to move application for setting aside ex-parte decree - Held that a lis pendens transferee, though not brought on record under Order 22 Rule 10 CPC, is entitled to move an application under Order 9 Rule 13 to set aside a..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Service through Munadi - Petitioner absent despite service through Munadi and hence proceeded ex parte - Brother of petitioner filed an appeal against judgment and decree - It is difficult to believe that petitioner had no knowledge of the litigation against him - This shows that petitioner..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - `Sufficient cause' - Has to be construed liberally - Sufficiency of grounds has to be examined - Expression `sufficient cause' and `upon such terms as to costs' and `otherwise as it thinks fit' gives considerable amount of latitude to the court when defendant comes to court for setting aside..........
