Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - In execution of decree sale deed executed - Summons of case received by mother but mother did not bring the receipt of summons to the notice of defendant - Defendant prepared to deposit the entire amount spent by plaintiff towards getting sale deed executed -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application for setting aside ex parte decree filed after delay of 1103 days - Defendant claimed that their advocate failed to intimate date of hearing - However, defendant received summons in execution petitions - Defendants also failed to prove that they have suffered from disease as..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit - Trial Court dismissed application U.O.9.R.13 CPC without assigning any reasons much less cogent and valid reasons - Mere no, filing of medical certificate itself is not a valid ground to dismiss the application - Court has to take into consideration totality of facts and..........
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...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application to set aside ex parte decree filed after two years of service of notice in the execution petition - Application for setting aside ex parte decree is highly belated - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Failure to appear in person or through counsel in response to notice issued U.O.21.R.37 CPC - J.D. cannot be set ex parte - Court can set a party ex parte only if it can proceed further in his absence...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Defendant filed the application for setting aside ex parte decree at the stage of execution and that too beyond limitation - Defendant contended that plaintiff forged the agreement in question which was worth about Rs.25 lacs - Value of property cannot be..........
Civil Procedure Code, 1908, Order 21, Rule 106 -- Execution - Setting aside ex parte order - In an execution proceeding after passing through all those stages pursuant to sale and delivery of property belonging to J.D., effected in compliance of the rules and formalities thereunder is over, any application moved by J.D. with reference to non receipt of a notice U.O.21.R.22..........
Civil Procedure Code, 1908, Section 144 -- Restitution of possession - Execution of ex parte decree - Judgment debtor deprived possession of property - Ex parte decree set aside - Held, judgment debtor is entitled to seek restitution of possession by invoking S.144 CPC...........
Civil Procedure Code, 1908, Section 144 -- Restitution of possession - Execution of ex parte decree - Judgment debtor deprived possession of property - Ex parte decree set aside - Held, subsequent purchasers transferees, who have purchased properties, during pendency of second appeal, cannot oppose restitution - Subsequent sales do not counter any title or right to..........
