Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 582 days in filing application - Defendant was duly served with summons in suit and had appeared - He failed to state that after becoming aware of passing ex parte decree on 18.7.2019, what steps were taken by him to seek setting aside..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Decision of application U.O.9.R.9 CPC without deciding application u/s 5 of Limitation Act - Impugned order set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Reasons assigned for delay are dealt in a routine manner - No details have been furnished by defendants explaining delay except stating their counsel died - Even, details of their counsel and date of his death also not mentioned in the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Ex parte decree passed on 11.09.2002 - Defendant has knowledge of ex parte decree from the date when he preferred objections against publication in newspaper on 24.01.2009 - However, there is no explanation for delay from 24.01.2009 till..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 4 -- Condonation of delay - Delay of more than 9 years in filing application for restoration of suit dismissed U.O.9.R.3 CPC - Plea of immobility of predecessor-in-interest due to paralytic attack - However, they were regularly visiting Courts upto 1999 - Medical certificates produced by petitioners..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 2698 days - Summons not issued to defendant personally - Defendant came to know about ex parte decree when he received notice in the execution petition - Court not satisfied with the explanation of defendant - However, in view..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 5767 days in filing application to set aside ex parte decree - Suit for specific performance - No summons were served on defendant - Defendant is an illiterate and pardanashin lady and she only affixes her thumb impression - There is some sort of..........
Civil Procedure Code, 1908, Section 148 -- Extension of time - For payment fixed in award of Lok Adalat - Condonation of delay - If grounds for delay in payment are shown to be justified for departing from what was agreed upon before Lok Adalat, condonation of delay is a possible course of action and that all would depend on facts and circumstances of each case...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Application filed U.O.41.R.3-A CPC cannot be decided ex parte without affording an opportunity to respondent...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Interlocutory application filed u/s 5 of Limitation Act r/w O.41.R.3-A CPC to condone delay in filing appeal is not `incidental proceedings' referred in O.41.R.14(4) CPC...........
