Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Reasons assigned for delay are dealt in a routine manner - No details have been furnished by defendants explaining delay except stating their counsel died - Even, details of their counsel and date of his death also not mentioned in the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Ex parte decree passed on 11.09.2002 - Defendant has knowledge of ex parte decree from the date when he preferred objections against publication in newspaper on 24.01.2009 - However, there is no explanation for delay from 24.01.2009 till..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte eviction order - Setting aside - Service of summons by Munadi - Service of summons was effected but there was an irregularity as copy of petition was not served - Since it was well within knowledge of defendant that there was a case pending against him qua which service of summons was effected - Even if it was not..........
Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Causes Courts Act, 1887, Section 17 -- Proviso - Ex parte decree - Setting aside - Compliance of S.17 Proviso of 1887 Act is a pre-condition for maintainability of application U.O.9.R.13 CPC - Requirement u/s 17 Proviso of 1887 Act is neither hyper technical or pedantic but same is requirement of law...........
Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Causes Courts Act, 1887, Section 17 -- Proviso - Ex parte decree - Setting aside - Suit for possession, rent and mesne profit - Tenant neither deposited entire amount as payable by him nor there was any previous application seeking permission of Court to give security, on the date when application U.O.9.R.13..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Tenant has not made out any sufficient ground to allow application U.O.9.R.13 CPC - He filed malafide application only to delay the proceedings - Application rightly rejected...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Maintainability - Case was fixed for re-arguments - However, application U.O.9.R.7 CPC was filed by tenant before case was fixed for re-arguments - It cannot be said that application was filed after completion of proceedings - Application U.O.9.R.7 CPC is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte order - Setting aside - Eviction suit - Summons were duly served to tenant - Tenant had been appearing in proceedings since the year 2017 - But since Nov 2018 till June 2019, tenant did not come for further progress of case and opted to remain absent from dates fixed..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction order - Police help - Defendant despite restraint order is stated to be interfering in the peaceful possession of plaintiff - Defendant also not willing to make a statement that till decision on application filed U.O.39.Rr.1,2 CPC she will not interfere in the peaceful possession of plaintiff -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 2698 days - Summons not issued to defendant personally - Defendant came to know about ex parte decree when he received notice in the execution petition - Court not satisfied with the explanation of defendant - However, in view..........
