Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Section 96 -- Judgment and decree passed U.O.8.R.10 CPC - Not an ex parte decree - Application U.O.9.R.13 CPC is not maintainable - Decree can be challenged only by filing appeal u/s 96 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - Mere pendency of application to set aside ex parte order at pre registration stage is not a ground to set aside interim order and parties cannot be allowed to take advantage to disobey the interim order of Court/Tribunal...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside ex-parte decree - Delay of 101 days - Condonation - Suit for partition - Petitioners in their affidavit stated about knee operation undergone by counsel, but said fact was not taken into consideration by Court below - Since it is suit for partition and substantial rights of..........
Civil Procedure Code, 1908, Order 32, Rule 3, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Petition filed by wife by pleading that husband become insane after marriage - Ex parte divorce decree passed without appointment of guardian of insane person - Ex parte divorce decree set aside having been passed against a person of unsound mind without following due..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte proceedings - Setting aside - Sufficient cause has to be established where ex parte decree is drawn - However, in case of ex parte proceedings, defendant has all right to join proceedings at any subsequent stage...........
Civil Procedure Code, 1908, Order 9, Rule 4, Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Ex parte order - Setting aside - Process server failed to observe mandatory requirement of O.5.R.17 CPC, before resorting to record refusal straightaway, without even, obtaining statement of witness to that effect - Even no affixation was done at door or on conspicuous..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Protection of Women From Domestic Violence Rules, 2006, Rule 12 -- Ex parte order granting monetary relief - Opportunity of hearing not afforded - It is against the settled principles of law, as Magistrate did not comply with R.12 of the Rules, as it is required to clearly mention about service of notice -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that ex parte decree obtained by defendant against father of plaintiffs was illegal, null and void and not binding upon plaintiffs - No evidence on record that decree in question was obtained by playing fraud upon Court - Neither father of plaintiffs nor plaintiffs filed any application for..........
Transfer of Property Act, 1882, Section 130 -- Assignment - Two arbitration agreements - Agreement-I is a bi-party agreement between an Indian company and American company - Whereas, Agreement-II is a tri-parte agreement between three companies viz, two Indian companies and one American company - Agreement-II recognizes transfer of rights of original contract i.e American..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Ex parte decree - Setting aside - Petitioner has knowledge of proceedings of suit and decree from the very inception, as the petitioner's son contested the suit and both of them contested the other suit jointly through same Advocate - Moreover, delay is not so small but..........
