Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 547 days in filing petition to set aside ex parte decree - False ground set up to condone delay of 547 days in filing petition to set aside ex parte decree - There is no sufficient cause to condone delay as sought for -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 119 days - Plea that summons were served but same mingled with other papers due to which defendant could not appear in the case - During pendency of execution proceedings, substantial amount paid - Delay condoned - Ex parte decree set..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Non appearance due to serious illness - Non production of medical certificate - Not sufficient to hold that he was not ill, particularly when he was a man of 70 years old and expired during proceedings initiated U.O.9.R.13 CPC - Ex parte decree rightly set aside...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Defendant cannot be stopped from participating in proceedings simply because he did not appear in first or some other hearing - He will have to show good cause for previous absence, only if he desires to be relegated back to position in which he would have been put if he had appeared at previous hearing...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte proceedings - Defendants were never served any notice of pendency of suit before 29.8.2014 - On 29.8.2014 only a date was fixed to proceed ex parte and thereafter evidence of plaintiffs was taken on affidavit and matter fixed for ex parte judgment - Defendants even stated that if they are allowed to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Defendant in cross examination in another suit admitted of knowledge of proceedings of the present suit - However, in cross examination there was no specific suggestion that he had been proceeded ex parte in the present proceedings and that he was aware of having been proceeded ex parte -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Refusal to accept summons and conducting of Munadi thereafter - However, process server or the person who conducted the alleged Munadi not examined - Assumption of trial Court that defendant had the knowledge of suit cannot be sustained in the eyes of law...........
Civil Procedure Code, 1908, Order 39, Rule 6 -- Sale of vehicle - Permissibility - Direction issued for sale of vehicles where applications U.O.39.R.6 CPC are simply being adjourned from time to time, such applications for sale of vehicle, shall be disposed of within 60 days, except in case of any unusual or exceptional circumstances - Such orders for sale of vehicle..........
Civil Procedure Code, 1908, Order 39, Rule 6 -- Sale of vehicle - Application for sale of vehicle, shall be disposed of within 60 days, except in case of any unusual or exceptional circumstances - Such orders for sale of vehicle deserve to be passed especially in those cases where defendants remain ex parte and does not contest proceedings...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Knowledge of ex parte decree - Pales into insignificance as there is no record on judicial file, showing that defendants were served through any process of law - Even requirement for effecting substituted service not complied with before resorting to the weak type of service through Munadi...........
