Civil Procedure Code, 1908, Order 39, Rule 3A -- Ex parte temporary injunction order - Disposal of application within 30 days - Court can vacate or modify the order only when defendant files his written statement and statement of objection to the application or an application U.O.39.R.4 CPC - If Court has to come to a contrary opinion, it is duty of defendant to make out a..........
Civil Procedure Code, 1908, Order 39, Rule 3A -- Ex parte temporary injunction order - Disposal of application within 30 days - Plea that defendant gets a right of appeal if application is not decided within 30 days - Held, that right is always available only when he is ready to argue by putting forth his defence...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Ex parte order passed on 22.11.2011 - Petitioner filed an application I.A.No.71 of 2015 - Delay by itself not a ground to set aside ex parte order - Ex parte order set aside...........
Criminal Procedure Code, 1973, Section 126(2) -- Ex parte maintenance order - Recall of order - Sought after six years of passing the order - No explanation for such inordinate delay - Nothing to show as how applicant came to know about the ex parte judgment - Failure to show any good cause for recall of order - Rejection of application calls for no interference...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Suit for recovery - Defendant got Court record inspected through advocate after passing of ex-parte decree and filed application U.O.9.R.13 CPC after 1-1/2 year without being accompanied by application for condonation of delay - Moreover, defendant entered into settlement with plaintiff after..........
Hindu Marriage Act, 1955, Section 5(i), 11, Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 43, Rule 1A -- Setting aside ex-parte proceedings - Marriage declared null and void - Ex-parte proceedings initiated against wife - Wife moved an application for setting aside proceedings prior to ex-parte proceedings culminating into ex-parte decree -..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside - When an application U.O.9.R.13 CPC is invoked, defendant can also invoke remedy u/s 96 of the CPC and that invocation of one would not be, in any manner, contrary or exclusive to the other...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Remedy of application U.O.9.R.13 CPC and S.96 CPC are not mutually exclusive - They are virtually concurrent in their field of operation...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Remedy of application U.O.9.R.13 CPC and S.96 CPC - When O.9.R.13 CPC provides that a decree can be set aside for reason that defendant was prevented by sufficient cause from appearing on date when case was called whereas u/s 96 CPC, he would obtain the right to assail decree itself on its merits..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Remedy of application U.O.9.R.13 CPC and S.96 CPC - It would be in prudence or at least ex abundanti cautela that defendant also files an appeal within period of limitation and then wait and watch as to what happens to his application U.O.9.R.13 CPC...........
