Civil Procedure Code, 1908, Section 151 -- Restoration application - Stamp proceedings - Proceedings heard in absence of petitioner - Petitioner had not put in appearance and only by presuming service of notice Additional Collector proceeded with the matter - Even recall application filed by petitioner dismissed without giving any finding regarding notice specially when..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Appeal u/s 96 CPC - Is maintainable against ex parte decree, notwithstanding dismissal of application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 145 -- Ex parte decree - Set aside - Evidence recorded prior to setting aside ex parte decree is wiped out - Evidence recorded earlier can be used to confront said witnesses, as permissible u/s 145 Evidence Act, being previous statement of witnesses...........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Recall of judgment - Ex-parte decree - Non-joinder of legal heirs - Suit for declaration - Once the applicants were aware of pendency of matter and were represented by a counsel, applicants cannot be held did not have notice or they were prevented by sufficient cause from appearing - Application for rehearing the appeal,..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Recall of judgment - Ex-parte decree - Non-joinder of legal heirs - Suit for declaration - Plea as to applicants were not sent notice regarding pendency of first appeal - Vakalatnama found to have been filed by applicants in first appeal - Advocate categorically stated that applicant met him and handed over vakalatnama to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte interim injunction order - Restraining Muslim husband from re-marrying another cannot be granted, when personal law expressly permits him to have more than one wife at a time...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for mandatory injunction - Execution of decree cannot be stayed during pendency of suit to set aside ex parte decree - So long as decree holds ground, the same may be executed...........
Guardians and Wards Act, 1890, Section 12 -- Interim custody of minor - Ex parte order - It cannot be held that under no circumstances Court cannot pass an interlocutory order for the production of the ward or interim protection - Power to pass interlocutory orders ex parte being wide has to be exercised with great care, caution and circumspection...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for declaration and cancellation of adoption deed decreed ex parte - Proceedings U.O.9.R.13 CPC which are under revision cannot be said to be continuation of suit proceedings - Application moved for staying subsequent suit of cancellation of Will with regard to same facts or issues due to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Plea of insurance company that Tribunal cannot award compensation in excess of what was awarded in ex parte award - Plea held, not tenable as once an ex parte award has been set aside, it is set aside for all intents and purposes - It cannot be accepted that ex parte award fixed a bench mark for awarding..........
