Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause for non appearance - Plea that defendant had gone outside State to earn his livelihood and pairokar failed to take proper care of the case - Plea shows sufficient cause for non appearance as well as delay in filing application - Exparte decree set aside subject to payment of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Service of summons through substituted service by publication of notice in newspaper - Limitation - Starts to run from the date of knowledge of ex parte decree and not from the date of passing of the decree -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte eviction order - Setting aside - Service of summons - Adult members of the family available to accept notice refused to accept service and also failed to divulge the address of the tenant - It amounts to refusal of service - Exparte decree upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 9, Rule 13 -- Amendment of application filed U.O.9.R.13 - Fact sought to be incorporated by way of amendment was in the knowledge of the applicant at the time of filing of application U.O.9.R.13 CPC - No opportunity can be granted to amend the pleadings - Petition dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Limitation - Thirty days - Time begins to run from the date of knowledge of decree, or when the applicant had the knowledge of the decree...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction petition - Tenant not appearing despite service of summons by registered post and through process server - Tenant proceeded exparte and exparte eviction order passed - Application to set aside ex parte order dismissed and tenant did not file any appeal - High Court in such a situation cannot set aside ex parte order..........
Civil Procedure Code, 1908, Section 148, Order 9, Rule 13 -- Exparte decree - Set aside subject to payment of costs by a certain date - Costs not paid by that date - Application filed for enlargement of time - Held, an application for enlargement of time can be filed even in a case where a default clause, or a stipulation that no further extension would be granted, are..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Service of summons by registered post - No mention therein as to when it was served - There is one signature on A.D. but name is not clear - Defendant denied signatures to be his or his family members in his deposition - Service not proved - Exparte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside of - Trust suit - No date fixed for filing written statement - No adjournment for exparte evidence - Mandatory procedure not followed - Decree seems to be an act of haste - No knowledge attributed to the defendants - Plea of delay not available - Decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction suit - Failure of defendant to produce evidence - Court proceeded and decided the suit after detailed discussion - Application for setting aside decree - Failure to deposit decreetal amount as required under law - Provision for setting aside, therefore, is not applicable...........
