Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 908 days in filing appeal - Defendants have not chosen to cross-examine PW1 and matter was pending for several years - They were set ex parte and application filed for setting aside ex parte decree is also dismissed - Defendants have only intended to drag on..........
Agreement to sell -- Specific performance - Earlier ex parte decree granted in favour of plaintiff set aside - Defendant no.2 was impleaded as party on account of subsequent sale deed but defendants had not contested the case - Trial Court again proceeded ex parte against defendants and cancelled the sale deed executed in favour of defendant no.2 and directed specific..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants raised the ground that summons of suit were served on defendant no.2 who is mentally retarded and could not intimate regarding service of notice of suit upon defendants - However, defendants failed to produce a single document so as to show and suggest that defendant..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons sent, to address at Chennai, received back as `Unclaimed' as defendants are staying in USA - Court ordered substituted service by newspaper publication - Defendants deposited entire decretal amount to show their bona fides - One opportunity must be given to defendants to defend suit -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act,1963 -- Ex parte decree - Setting aside - Condonation of delay - Defendants contended that their local Advocate died and therefore they could not get any communication from advocate - Moreover, defendants though filed their written statement, but did not participate in the proceedings - No reason found to..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay in filing application for setting aside ex parte decree - Partition suit - Reason assigned for delay is that close relatives had advised defendant to withdraw the suit and settle dispute - Suit was allowed to be dismissed in default and thereafter restored - This..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant could not keep track of case due to transfer of civil suit from one Court to another - Ex parte decree passed against defendants is for an amount of Rs.2,60,000 with interest @ 6% p.a - However, defendants have shown their bona fides by depositing an amount of Rs.2,60,000 into bank..........
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, Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex parte decree - Setting aside - Non filing of written statement within time - Death of defendant and L.R's impleaded - Refusal of prayer of substituted defendants to give them opportunity to cross examine plaintiff's witnesses on the date fixed for ex parte hearing of suit - No..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside by simultaneously filing application U.O.9.R.13 CPC and appeal u/s 96 CPC - Stay of appeal - Defendants filed application for stay of appeal after more than 2 years after filing appeal and application U.O.9.R.13 CPC - However, meanwhile plaintiff deposited balance amount of sale..........
