Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Set aside subject to payment of costs within 15 days failing which ex parte order to revive - Period of six months lapsing - Advocates strike no ground for condonation of delay as applicant himself could have deposited money...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Finding of trial Court that defendant careless in pursuing case - Delay not explained satisfactorily - No sufficient explanation furnished for non appearance - Held, application rightly rejected by trial Court...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Explanation - Exparte decree - Appeal against - Dismissed as barred by limitation - Held, after disposal of appeal on any ground other than withdrawal of appeal, application U.O.9.R.13 CPC for setting aside exparte decree is not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Second Proviso -`Had notice of the date of hearing' - It is knowledge of the `date of hearing' and not the knowledge of `pendency of suit' which is relevant for the purpose of the proviso...........
Civil Procedure Code, 1908, Order 9, Rule 13, 6 -- Summons - Service - Refusal - Witness - Endorsement on summons shows that there was no witness available on the spot - Defendant runs a shop and the shop will be situated in a locality where there are other shops and houses - To say that there were no witnesses available on the spot is unbelievable - Defendant deposed on..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Second Proviso - `Had notice of the date of hearing' - It is knowledge of the `date of hearing' and not the knowledge of `pendency of suit' which is relevant for the purpose of the proviso...........
Civil Procedure Code, 1908, Order 9, Rule 13, 6 -- Summons - Service - Refusal - Witness - Endorsement on summons shows that there was no witness available on the spot - Defendant runs a shop and the shop will be situated in a locality where there are other shops and houses - To say that there were no witnesses available on the spot is unbelievable - Defendant deposed on..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for partition - Exparte preliminary decree - During pendency of application to set it aside final decree passed - Held, if exparte preliminary decree is set aside then final decree automatically goes...........
Arbitration Act, 1940, Section 14, 17, 39, 41, Civil Procedure Code, 1908, Order 9, Rule 13 -- Award made rule of Court after notice to appellant by Single Judge of High Court - Appellant moving an application U.O.9.R.13 for setting aside decree making the award rule of Court terming it ex parte and pleading sufficient cause of non appearance - Rejected by Single Judge -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Defendant neither served not proceeded ex parte - Held, such defendant is entitled to file an application for setting aside the decree...........
