Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Publication of notice in newspaper - Defendant migrating to England and living there - Notice published in a local daily - Presumption cannot be drawn that defendant must be in knowledge of suit as she might be visiting India periodically - Exparte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 6, 13, Civil Procedure Code, 1908, Order 8, Rule 5, 10 -- Defendant sought adjournments from time to time to file written statement - Defendant thereafter failed to appear - Proceeded ex parte - On the adjourned date Court can proceed to decide suit ex parte after recording the plaintiff's evidence - Such judgment and decree is a..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 5, 10 -- Decree passed under order 8 rule 5 or rule 10 - Application under order 9 rule 13 is not maintainable - The only remedy available is to file an appeal against the decree...........
Civil Procedure Code, 1908, Order 9, Rule 6, 7, 8, 9, 10, 11, 12, 13 -- Failure of defendant or his Advocate to appear - Defendant to be proceeded ex parte and suit be adjourned for recording evidence of plaintiff - If on the adjourned date neither the defendants nor his Advocate appear, as contemplated by Rule 7, Court can proceed to pass a decree under Order 9 Rule 6 and..........
Civil Procedure Code, 1908, Order 8, Rule 5, Civil Procedure Code, 1908, Order 9, Rule 6 -- Plaintiff directed to prove his case in the absence of defendant, his counsel and his written statement - Does not mean, in every such case decree passed is one under Order 9 Rule 6 and not under Order 8 Rule 5 - Such decree when passed is whether one under Order 8 Rule 5 or Order 9..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - 'Sufficient cause' for non appearance - Refers to the date on which absence was made a ground for proceeding ex parte - Previous conduct or negligence is not relevant...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Omission to enter case in diary by clerk of Advocate - Negligence is attributable to Advocate - Litigant cannot be made to suffer for such inaction, omission or misdemeanour of his lawyer...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Delay - Condonation - Negligence of counsel - Advocate did not bother to attend the case or even to find out what happened to the case and why it was not coming on board - Delay condoned...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 9 -- Divorce petition - Dismissed in default - Second divorce petition on the same grounds is barred by O.9.R.9 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - While setting aside a decree, conditions can be imposed but such conditions should not be unreasonable or harshly excessive...........
