Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aide - Conduct of petitioners is that they were assured by their lawyer that they would be informed about the outcome of the case but actually they were not informed - When this fact came to the knowledge of the petitioners immediately, an application was moved for setting aside ex parte decree -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Refusal to accept summons in the presence of two witnesses and both the witnesses filed affidavits stating that process server never attempted to serve summons in their presence - In the endorsement of refusal on registered envelope there were cutting and overwriting, hence service not..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Merit of suit cannot be decided in restoration application - Allegation etc. may prima facie be seen only with a view to decide the restoration application...........
Service -- Departmental enquiry - Ex parte proceedings - Held, if the charges are borne out from documents kept in the normal course of business, no oral evidence is necessary to prove those charges...........
State Bank of India Officers Service Rules, Rule 68(2)(xix) - - Departmental enquiry - Defence representative not appointed by employee in spite of several opportunities - Written statement not filed - Objection as to non compliance of procedure raised before High Court could have been raised by the charged officer before the Inquiring Authority - Employee not co-operated..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Defendant who was proceeded ex parte joining proceedings - Once the defendant joins the proceedings he is entitled to an opportunity to lead evidence - Order denying opportunity to defendant to lead evidence set aside - Trial Court directed to give an opportunity to the defendant to lead evidence...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Ejectment - Sub-letting - Chief examination of landlord - Contradiction - Effect - Petition was filed on an express ground of sub-letting - Ex parte evidence taken and Court ordered eviction initially and later set aside on the ground that statement given by landlord cannot be taken as fully established when he..........
Rent and Eviction -- Time to vacate premises - Landlord had already secured possession of property after ex parte order of eviction was passed and secured back possession of property - Held, under such circumstances, there is not even any need for making provision for time for eviction...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Refusal to set aside ex parte decree - Order is revisable u/s 115 CPC - Writ petition under Art.227 Constitution of India, is not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application to set aside ex parte decree is not maintainable once appeal preferred against the decree is dismissed and becomes final between the parties - Entire proceedings seeking restraighten of suit proceedings and for setting aside ex parte decree is without jurisdiction and not..........
