Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 1515 days - Imposition of cost - Held, taking into account the huge delay in filing the application U.O.9.R.13 CPC, the awarding of a sum of Rs.1,500/- (one thousand five hundred) would not meet the ends of justice and it could..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Delay of 435 days - Condonation of - Lower Court dismissed the application on the ground that application was filed without disclosing the factum of the earlier I.A. having been filed U.O.9.R.13 CPC as though the Power of Attorney of D4 came from Abu Dhabi, just before filing of said..........
Civil Procedure Code, 1908, Section 151 -- Ex-parte adverse order - Setting aside of - Application for - Dismissal of - Validity - Petitioner abandoned the case after 01.04.2011 and did not attend proceedings on 06.10.2011, 24.10.2011 and 11.01.2012 - According to petitioner, a new counsel was engaged who appeared on 08.02.2012 and they came to know of passing of adverse..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Refusal to set aside - Validity - Petitioner abandoned the case after 01.04.2011 and did not attend the proceedings on 06.10.2011, 24.10.2011 and 11.01.2012 - According to petitioner a new counsel was engaged who appeared on 08.02.2012 and they came to know of passing of adverse orders - Application under..........
Civil Procedure Code, 1908, Order 9, Rule 10, 13 -- Ex parte order against dead person - Setting aside of - Respondents could not bring all legal heirs on record at relevant time - Application filed by petitioner for setting aside ex parte award/order passed against dead person - Held, such award will create further complication when same is put for execution by..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Facts of the case not considered and reasons not recorded for decreeing the suit - Decree passed merely for the reason that there was no contest - Whole process of reasoning has to be set out for deciding the case one way or the other - - Ex parte decree can be set aside on this aspect also...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Land dispute between parties was settled by Consolidation Court - Once the order of Consolidation Court become final, any further proceeding or suit in respect of the same cause of action between the same parties or persons claiming rights through them is barred by S.49 of Consolidation Act..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5, Article 123 -- Ex parte decree - Setting aside - Application filed within 30 days of knowledge of decree - Held, application cannot be dismissed on technical ground that no separate application u/s 5 of Limitation Act is filed...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19, 22 -- Ex parte order - Setting aside of - Transfer of Suit filed by bank for recovery of dues to Debts Recovery Tribunal after coming into force of Act (1993) - Debtor had appeared before Court and was represented by lawyer before transfer of suit to DRT - Bank got summons published in..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Revision petitioner lost his mother and his brother and he was also suffering from ill-health as revealed from his affidavit - There was a communication gap between his Advocate and himself - Decree holder viz., respondent..........
