Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Trial Court proceeded with suit ex parte with undue haste and without verifying record as to whether defendant was properly served or not - Summons not duly served upon defendant and there was sufficient cause which prevented defendant from appearing when suit was called on for hearing - Ex..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree obtained by fraud - Talks for settlement held and defendant was asked not to come to Court as plaintiff would withdraw suit - There was friendship between parties before the alleged transaction - Sufficient reason for not coming to Court - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Suit still pending as other defendants were contesting the case - Court should be liberal to set aside ex parte order when suit is pending - Impugned order set aside - Defendant shall file written statement within 30 days and allowed to participate in the proceedings - In case defendant seeks..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit transferred from Court of Senior Division to Junior Division - After transfer of suit, notice not issued to defendant by Court of Junior Division - Defendant never knew about transfer of suit nor his Advocate informed him - Advocate, on his own, continued to participate in proceedings in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Limitation - Delay in filing application - Application for condonation of delay also not filed - Held, limitation to file application was thirty days and said limitation period started from the date of decree because defendants had been duly served in suit and were also represented by their..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Suit filed against father of applicant who was proceeded ex parte - Son seeking impleadment on the ground that father did not have an indefeasible right to sell the ancestral property and thus applicant having right by birth - In a suit for specific performance, title is..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application filed within 30 days of receipt of certified copy - Knowledge of ex parte decree 11th Sep. - Applied for copy on 12th Sep. - Date fixed for supply of copy 13th Sep. - Copy not ready on that date - Copy ready on 18th Sep. - No notice that copy is ready given - Copy received on 25th..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 7, 19, Evidence Act, 1872, Section 102 -- Ex parte decree - Setting aside - Valid service of summons - Denial - Burden of proof - It is on the person who affirms that there was a valid service which was refused - Held, it is untenable argument that defendant must put the Court bailiff..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Court while seized of application U.O.9.R.13 CPC has to decide independently the application for staying execution proceedings on the well established principles of prima facie case, balance of convenience and irreparable loss and injury...........
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...........
