Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay satisfactorily explained - Order dismissing delay condonation application set aside - Trial Court to decide application U.O.9.R.13 CPC expeditiously in accordance with law...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Negligence on the part of lawyer - Plea cannot be accepted for the reason that defendant has not taken any action against the concerned lawyer for remaining negligent - Only conclusion that could be drawn is that defendant himself had remained negligent in attending suit proceedings - No..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant deliberately concealed the material facts from Court - Court below having verified the record and recording the conduct of defendant had rightly rejected the application of appellants...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Order as to - Such an order can even be passed ex parte at the time of issuance of notice to the respondent...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application U.O.9.R.7 CPC is not maintainable when filed after closure of evidence when case is posted for judgment...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Application filed at the stage when case was fixed for pronouncing judgment - Held, stage for filing application U.O.9.R.7 CPC was over - Petitioner could only file application U.O.9.R.13 CPC after ex parte judgment...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside at the instance of a person who was not party to the suit - A person having no interest or even a prima facie claim over a property which is subject matter of suit cannot maintain an application to recall the decree passed in the suit between two other parties...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Suit for possession - Defendant was served notice through ordinary process and substituted service through publication at incorrect address - Infact notice served was received back with note that address was incomplete - No evidence regarding circulation of concerned newspaper in area of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons admitted - Assurance given by one defendant to the other defendant that he will be duly represented - Not a ground to set aside ex parte decree when defendant proceeded ex parte was aware of the proceedings and he neither took any pains to ensure that he was represented..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Ex parte decree set aside on payment of Rs.11 lacs which was towards advance and interest - Imposition of condition to pay entire decretal amount is meaningless to set aside ex parte decree - Reduced to 50% - Ex parte decree set aside on payment of Rs.5.50 lacs..........
