Civil Procedure Code, 1908, Order 9, Rule 7 -- Participate further in the proceedings of the suit - O.9.R.7 CPC has no application at all once the hearing of suit is concluded and suit is adjourned for judgment...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel pleaded no instructions - Court should give notice to the defendant before proceeding ex parte - Notice not given - Sufficient ground for setting aside the ex parte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13, 6 -- Ex parte decree - Defendants appeared but failed to file written statement - Ex parte decree against defendant - Setting aside of - Held, if in the suit in which defendants appear but failed to file written statement, however plaintiff had filed evidence either on affidavit or otherwise, then decree passed on the basis of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 20 -- Exparte decree - Setting aside - Summons not duly served - Report of refusal - Not attested by an independent witness - Process server was told that defendants had gone to his workshop - Does not amount to refusal - No justification to order substituted service - Order..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Dismissal in default - Dakal Daftar - Held, dismissing a suit in default is a decision - But simply consigning case to records for default is no decision - Consigned to records means `Dakal Daftar' and can be revived on motion of any of interested party - Even court suo motu can call record for civil proceedings..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte order of eviction - Setting aside - Summons received back with report of refusal - Substitute mode of service adopted - Petitioner was duly served through Munadi and affixation for the date fixed - Non appeared - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 20 -- Exparte divorce Proceedings - Setting aside - Summons not duly served - No occasion to effect substituted service by way of affixture unless shown that service was refused - Decree obtained in fraudulent manner in undue haste to perform remarriage - Conduct of husband..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Divorce - Exparte decree - Setting aside of - Condonation of delay - No knowledge of ex parte decree, held, to be sufficient cause for condonation of delay - Decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 2 -- Exparte decree - Setting aside - Non supply of copy of plaint alongwith summons - Only an irregularity - Ex parte decree cannot be set aside on this ground...........
