Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Wrong noting of date of hearing by counsel - Sufficient ground for setting aside ex parte proceedings, if no mala fide is attributable to the party - Plaintiff can be compensated by way of costs for late decision of suit due to negligence of counsel...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Substituted service - Publication in newspaper - Copy of newspaper not sent to house of defendant by registered post by newspaper authorities - No evidence that said newspaper was having circulation in the said area - Proper service of summons was..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay - Condonation - Delay of 8 years condoned but application for setting aside ex parte decree dismissed - Held, it would be in the interest of justice to allow appeal filed by he appellant and allow the application U.9.R.13 CPC, of course, with a heavy..........
Civil Procedure Code, 1908, Order 37, Rule 3(4), Civil Procedure Code, 1908, Order 9, Rule 13 -- Summary suit - Ex parte decree - Setting aside of - Summons for judgment in Form 4A in Appendix B was not served on counsel for defendant as contemplated U.O.37.R.3(4) - Court below had posted the case only after 4 days after defendants entered appearance and passed an ex parte..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Application filed alongwith an application u/s 5 of Limitation Act for condonation of delay - Plea that suit has been decreed without effecting service and a fraud has been played upon Court - No finding returned with regard to fraud but application for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Summons has been duly served upon defendant Nos.1 to 3 - They had knowledge of institution of suit - They did not take any steps in said suit and Defendant No.4 entered appearance but did not contest said suit - Suit was decreed ex parte - Cause shown by defendant cannot be treated as..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Appeal against ex parte decree - Appellant can challenge not only the correctness of the order passed by trial Court setting him ex parte, but also legality and sustainability of decree on its merits - If appeal against ex parte decree is dismissed, he cannot proceed with application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Remedies available U.O.9.R.13 and S.96 are concurrent - Defendant who was proceeded ex parte decree can choose either of the two remedies or he can have recourse to both proceedings simultaneously...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree to be set aside if party satisfies Court that summons had not been duly served or he was prevented by sufficient cause from appearing when the suit was called on for hearing - However, the court shall not set aside the said decree on mere irregularity in the service of summons..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Report of refusal on summons - Report of refusal on notice sent by registered post - Service of summons through publication in newspaper - No plea of fraud between appellant and postman - Postman not examined - Not a plea that newspaper in which notice was published did not have a wide..........
