Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte order - Setting aside of - Held, U.O.9.R.7 CPC, it is incumbent on petitioner to assign good cause for his no, appearance on date he was set ex parte - Petitioner in his petition has not shown any cause, much less any good cause, justifying his no, appearance on date he was proceeded ex-parte except the only plea that..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte order/decree - Passing of - Duty of court - Held, court before proceeding ex parte against a defendant must cautiously see the process and report of service of summons and should not formally use the words that defendant was served but was absent - Court shall always be justified by recording cogent reasons in..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Husband remarrying after six months and had a child out of wedlock - Plea of wife that summons not duly served - Husband failed to prove that despite lawful service of summons and knowledge of pendency of proceeding, wife did not appear - Held,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Held, while dealing with application to set aside ex parte decree or condoning delay in setting aside ex parte decree, Court will not deal with merits of case...........
Civil Procedure Code, 1908, Order 5, Rule 2, Civil Procedure Code, 1908, Section , Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside of - Summons not duly served with copy of plaint - Condonation of delay - Appellant had given contradictory statements - Facts were not properly disclosed in affidavit filed in support of application for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte preliminary decree - Application for setting aside ex parte decree filed on 05.07.2008 and final decree was passed on 20.08.2009 - While final decree was passed, application for setting aside ex parte preliminary decree was pending - Held, it is perfectly within jurisdiction of court to entertain application to set..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - No sufficient reason to condone delay that occasioned in filing application for setting aside ex parte decree - Rejection of application - Held, proper...........
Consumer Protection Act, 1986, Section 13(4), 17, 18, 22(1), 22A -- Ex parte order - Recall of ex parte order - Review of orders - Powers of State Commission/District Forum - Held that the Tribunals are creatures of the Statute and derive their power from the express provisions of the Statute - The District Forum and the State Commissions have not be given any power to set..........
Consumer Protection Act, 1986, Section 13(4), 17, 18, 22(1), 22A -- Ex parte order - Recall of ex parte order - Review of orders - Powers of State Commission/District Forum - Held that the Tribunals are creatures of the Statute and derive their power from the express provisions of the Statute - The District Forum and the State Commissions have not be given any power to set..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 392, 504, 506 -- Summoning order - Quashing of - Entire facts indicate that complainant had enough reason to implicate applicants in false and fabricated case - Entire story has been cooked up by complainant - Ex parte statement made on oath in Court of a Magistrate - Held, on the basis of such..........
