Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Held, Court though having wide powers to condone delay but discretion to be exercised judiciously - None of defendants' witnesses explained delay, much less satisfactorily explained each day's delay - Delay cannot be condoned...........
Punjab Land Revenue Act, 1887, Section 111, Civil Procedure Code, 1908, Order 9, Rule 13 -- Partition proceedings - Ex parte decree - Setting aside of - Held, no body should be condemned unheard - In present case, Assistant Collector, 1st Grade violated basic rule of audi alterm parterm while passing ex-parte order - Revenue authorities i.e. Collector, Commissioner as well..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Ex parte decree in favour of wife - Appeal against by husband - Endeavour of husband to harass the wife - Wife proved on record that husband had time and again raised demands of dowry - On failure of wife to meet the demands she was given a beating on many occasions - Husband first gave his consent for mutual divorce..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application cannot be filed by a person who was not initially a party to the proceedings...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - There is no law that whenever one of the spouses contacts second marriage, after obtaining a decree of divorce, the decree cannot be set aside...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 153 days in filing application to set aside ex parte decree - Delay deserves to be condoned when wife pleaded that she did not receive notice and when she is residing in another State...........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Death of sole defendant who was proceeded ex parte after he had filed written statement - Plaintiff bringing on record factum of death of sole defendant - Court taking conscious decision to exempt plaintiff from impleading legal representatives - Proceeding ex parte - No infirmity...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - At the instance of L.R's of sole defendant - Application filed after eight months of decree on ground of lack of knowledge of property or the litigation - Knowledge claimed to have been acquired only one month before - Material on record showing applicants having knowledge about litigation -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Application by wife to set aside - Plea of remarriage by husband - There is no reason for Court to be influenced by the alien factors...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte divorce decree - Setting aside - Service through Munadi - House number not mentioned in the summons - Process Server also does not know the number of any building where the affixation took place - Such type of service by Munadi in a sub-urban area without making a..........
