Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 3 -- Ex parte decree - Setting aside - Decree passed without considering as to whether suit is within limitation or not - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication in a newspaper - Order as to issuance of summons to defendant on new address - Order not complied with - On a request substituted service allowed in a causal manner - Before ordering substituted service, Court should resort to procedure laid down in O.5.R.17 CPC and when after resorting the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Transfer of suit from one Court to another Court - Defendant not made aware of transfer through it was prosecuting matter diligently - Non appearance bonafide - No intentional lapse - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant who is proceeded ex parte is entitled to take part in the suit at a latter stage - However, he cannot be relegated to the position he could have occupied if he had appeared unless he makes an application for setting aside the ex parte order...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - When ex parte decree is challenged then automatically the order proceeding ex parte would be deemed to have been challenged - There is no specific rule that at the time of challenging the ex parte decree, the order proceedings ex parte has also to be separately challenged...........
Civil Procedure Code, 1908, Section 5, Order 9, Rule 13(As - - Ex parte decree - Setting aside - Delay - Condonation - Application for setting aside ex parte decree can be filed even after the prescribed period of limitation, if the applicant satisfies the Court that he was prevented by sufficient cause from filing the application within prescribed time...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay - Non appearance of Advocate, his failure to communicate that defendant is proceeded against ex parte and defendant's lack of knowledge of ex parte judgment - Can be treated as sufficient cause for condoning the delay and setting aside the ex parte..........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - Validity - Serving officer sought to serve summon of suit on defendant - Defendant not available - Since defendant was not available, therefore, his wife who was residing with him, was sought to be served with notice but she refused to accept notice - Thereafter, copy of notice was affixed on his..........
Civil Procedure Code, 1908, Order 9, Rule 13 - - Ex parte decree - Setting aside - Second Proviso is mandatory in nature - Court not to set aside decree on mere irregularity in service of summons or in case, where defendant had notice of the date as sufficient time was there to appear in the Court - Court not to allow the application in utter disregard of the terms and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree can be set aside when there is sufficient cause for non appearance of the defendant - Sufficient cause means "adequate or enough" - Sufficient cause means that party had not acted in a negligent manner or there was bona fide on its part in view of facts and circumstances of..........
