Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Service of summons - Report of refusal - There is no presumption as to proof of service of summons on a person who had prior knowledge of the pendency of divorce petition in a police station - Even then she needs to be served with the summons to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Depending upon facts of each case, Court can decide application to set aside ex parte decree on the basis of affidavits - Evidence need not to be led in all cases...........
Civil Procedure Code, 1908, Section 148A -- Caveat - A caveat is merely an advance intimation by the defendant communicated to the prospective plaintiff and registered in the court, where defendant expects the suit to be filed - A caveat is merely an anticipatory application to ensure that no ex parte interim order is granted to such prospective plaintiff...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - At the instance of a party who was proceeded ex parte in the suit and objections not relating to the execution, discharge or satisfaction of decree - Not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Once there is specific allegation regarding fraud, misrepresentation, coercion as well as pressure and getting the signatures on blank paper then Court has rightly allowed the application of defendants and allowed to appear and contest the suit by filing the written statement - So far as the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ex parte decree - Setting aside - Appeal against order refusing to set aside ex parte decree - Summons were duly served by ordinary post as well as by affixing and by registered post and finally by publication in the newspaper where defendant carries on business - Amount of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay satisfactorily explained - Order dismissing delay condonation application set aside - Trial Court to decide application U.O.9.R.13 CPC expeditiously in accordance with law...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Negligence on the part of lawyer - Plea cannot be accepted for the reason that defendant has not taken any action against the concerned lawyer for remaining negligent - Only conclusion that could be drawn is that defendant himself had remained negligent in attending suit proceedings - No..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant deliberately concealed the material facts from Court - Court below having verified the record and recording the conduct of defendant had rightly rejected the application of appellants...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Order as to - Such an order can even be passed ex parte at the time of issuance of notice to the respondent...........
