Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons served on predecessor in title of defendant - Not sufficient service - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 3, Rule 1, Family Courts Act, 1984, Section 10, 13, Rule 7 -- Family Courts(Kerala) Rules, 1989, - Matrimonial dispute - Power of attorney holder - Application to permit petitioner to be represented by his father as power of attorney holder - Held, cannot be rejected merely by stating that it is a matrimonial case - There has been..........
Civil Procedure Code, 1908, Section 13, Order 39, Rule 1 -- Interim relief - Safeguard of rights under foreign judgment - Foreign Court passed judgment on the basis of motion for summary judgment and affidavit of plaintiff in support thereof - Defendants failed to appear and file reply before foreign Court - Conduct of defendants showed their complete reluctance to have..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Conditional order - Non-compliance of - Application dismissed - Challenge thereto - There is no satisfactory reason on the part of petitioner to justify no, compliance of conditional order - No illegality or material irregularity, leading to miscarriage of justice, on the part of Court..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Cannot be set aside merely on the ground of irregularity in service of summons subject to the condition that Court is satisfied that defendant had notice of the date of hearing and had sufficient time to enable him to appear and answer the plaintiff's claim...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Inseparable ex parte decree - Setting aside of - Power of Court - Scope - Held, if there are many defendants in a suit and ex parte decree is passed against all of them and if the decree is inseparable in its scope, it can be set aside vis-a-vis all defendants, in an application filed U.O.9.R.13 CPC - However, a..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Dismissal of appeal filed u/s 96 - Maintainability of application thereafter U.O.9.R.13 CPC - Held, where applicant has chosen the remedy of filing an appeal u/s 96 of the Code and if the appeal has been dismissed on any ground other than for the reason that he had withdrawn..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Remedy available - Held, ex-parte decree can be challenged both U.O.9.R.13 and u/s 96 of the Code - There was no bar in pursuing both the remedies simultaneously - Limitation for the purposes of availing the said two remedies is also different - An application U.O.9.R.13 of the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 20 -- Ex parte decree - Setting aside - Service of summons through registered post - Received back with postal endorsement 'Not claimed. No such person refer sender' - Postal article thus only mentions non finding of addressee and not that the addressee refused to accept..........
Civil Procedure Code, 1908, Order 8, Rule 5, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition on ground of sub-letting - Principal tenant neither filed written statement nor adopted written statement of other co-tenants - Held, it amounts to admission of averments made in eviction petition in terms of O.8.R.5 Civil Procedure Code...........
