Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree not to be set aside on an assumed irregularity in service of summons if defendant had notice of date of hearing and had sufficient time to appear and answer the plaintiff's claim...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Ex parte decree passed U.O.37.R.3 - Setting aside - Plea that proper instructions could not be given to Advocate to defend the suit - Held, it is not a special circumstance within meaning of O.37.R.4 CPC to set aside the decree...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, 15, Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction - Ex parte order - Setting aside - Petitioner filed instant revision petition u/Art.227 of Constitution of India whereas his remedy against ex parte order of eviction lies u/s.15 of the Act of 1973..........
Indian Penal Code, 1860, Section 494 -- Second marriage - Ex parte divorce decree obtained by fraud - A decree obtained by fraud is not a decree in the eyes of law - Ex parte divorce decree obtained by fraud set aside - Held, the argument of non existence of first marriage on the date of second marriage cannot be accepted...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 22, Rule 10 -- Ex parte decree - Setting aside at the instance of transferee pendente lite - Application U.O.9.R.13 CPC at the instance of transferee pendente lite is maintainable only when such transferee by filing an application seeks leave of Court in accordance with O.22.R.10 CPC - Only..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application to set aside ex parte decree filed immediately after coming to know of passing of ex parte decree - Except bald statement of applicant no other evidence led - Court should take liberal approach for advancing the cause of substantial justice - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 6, 9, 12, 13 -- Ex parte decree - Setting aside - Wife appeared personally and pleaded that her counsel was demanding money for filing written statement - Court rendered advise to appellant to contact Secretary, District Legal Service Authority for free..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Trial Court compared signatures on summons with signatures on application and held that signatures on summons was that of defendant - Held, when defendant filed affidavit in support of his application that he was not duly served with summons and that affidavit remained uncontroverted then..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons issued on 16.3.1999 - Service of summons on 17.3.1999 for a date fixed as 18.3.1999 - Petition for setting aside ex parte decree filed after more than 30 days - Time to make arrangement for entering a defence is grossly inadequate - Ex parte decree set aside subject to payment of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree if not set aside then defendant can join and participate in the proceedings from the stage it is pending - However, proceedings between the stage at which he was proceed ex parte and the stage at which he joined will not be re-opened...........
