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 9, Rule 13 -- Ex parte decree - Setting aside - Matrimonial dispute - Service of summons on younger sister of defendant - Process server failed to mention that sister was an adult member - That apart, summon by process server does not seem to have been effected properly as it was never served in presence of two independent witnesses - Ex..........
Civil Procedure Code, 1908, Order 9, Rule 4, 6 -- Ex parte proceedings - Setting aside - Brother contesting the suit - No explanation as to how petitioner remained oblivious of the proceedings despite the fact that her brother was contesting the same - Application filed only to delay the proceedings - Order allowing petitioner to join the proceedings at the stage at which..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application U.O.9.R.7 CPC can be entertained only if hearing is adjourned - Such an application cannot be entertained after conclusion of arguments and when only judgment remains to be pronounced...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Ex parte decree passed by Debt Recovery Tribunal - Proceedings against guarantor - Applicant though served with summons but misconstrued the same being in connection with the personal loan advanced to her by Bank - Only after notice of Recovery Certificate was published that applicant made enquiries and moved the..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Suit for specific performance - Defendant proceeded ex parte on 4.4.2013 and application to set aside ex parte order filed on 17.1.2015 - Numerous opportunities taken by plaintiff to file reply to the application - After filing of reply case adjourned thrice for arguments - By virtue of the..........
Motor Vehicles Act, 1988, Section 166 -- Compensation - Petitioner preferred not to challenge ex parte proceedings against it, therefore, for want of evidence petitioner cannot challenge salary component and dependency of claimants on income of deceased - Without raising specific claim, claimants are legitimately entitled to claim for loss of pay and wages of deceased..........
Civil Procedure Code, 1908, Order 15, Rule 2 -- One out of several defendants proceeded ex parte - Decretal of suit against defendant proceeded ex parte - Held, absence of defendant does not absolve plaintiff from satisfying trial Court about validity of his claim - Rather in a case where defendant has been proceeded ex parte, Court is to be more vigilant and satisfy..........
Civil Procedure Code, 1908, Order 15, Rule 2 -- One out of several defendants proceeded ex parte - Decretal of suit against defendant proceeded ex parte - Courts below rightly declined the prayer to pass a decree when there are other contesting defendants...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3(a) -- Ex parte interim injunction - Non compliance of provision of O.39.R.3(a) CPC as directed - Second application filed and Court granted interim injunction for the second time - Held, second application is not maintainable unless and until plaintiff complied with the previous order - Impugned order set aside - However,..........
