Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Effect of - Court wrongly proceeded ex parte against defendant, as she was not served - Ex parte decree when set aside, would cease to exist and become no, est and it is no decree in the eyes of law - Decree passed by trial Court afresh on merits should be treated as decree of first Court...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Effect of - Parties are restored to the position existing prior to the date the order proceeding against defendant ex parte was passed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Pre-emption Act, 1913, Section 15 -- Ex parte decree - Setting aside - Suit for possession on the basis of right of pre-emption granted to a co-sharer - Plaintiff's right of pre-emption stood extinguished by virtue of amendment to the Act, at the date when fresh decree by Court of first instance after setting aside ex..........
Domestic inquiry -- Petitioner was subjected to domestic inquiry on two occasions and on second occasion petitioner has not co-operated in furnishing his reply to show cause notice and so also not participated in domestic inquiry and thus respondents have terminated petitioner's services - Respondents have not proceeded in accordance with law in respect of holding domestic..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Complainants have purchased plots in year 2010 and possession was delivered and when letter of possession was issued, complainants were not allowed to construct their houses/residences - Complainants came to know that ex-parte decree regarding said land is passed in favour of someone else before purchasing of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be granted after Court reaches conclusion that plaintiff has no prima facie case even when defendant was proceeded ex parte...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Mere filing of memo of appearance which is valid only for one date, service on defendant cannot be assumed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 25 -- Ex parte decree - Setting aside - Some of the defendants residing out of country - Procedure U.O.5.R.25 to be followed - Court committed serious illegality in ordering publication of notice in local newspaper - Ex parte decree set aside...........
Abuse of process of Court -- 2013 (2) SCC 398 referred wherein held : Principles - (a) A person coming to Court with `unclean hands' is neither entitled to be heard on merits nor entitled to any relief; (b) A person approaching Court for ex parte relief should state the whole case fully and fairly and where litigant has broken such faith, discretion of Court cannot be..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte decree - Setting aside - Dismissal of application in default - Appeal against said order, is maintainable...........
