Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Exparte decree for Rs.37 lakhs - While setting aside exparte decree condition of furnishing security of Rs.37 lakhs either in the form of bank guarantee or in cash imposed - Held, while setting aside a decree, conditions can be imposed but such conditions should not be unreasonable or harshly..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside exparte decree - Expression '....such terms as to costs, payment into court or otherwise as it thinks fit....' - Scope of - While setting aside exparte decree conditions can be imposed upon defendant, but such conditions should be reasonable and not oppresive or harshly excessive - What would be reasonable..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside exparte decree - Discreationary jurisdiction conferred on the Courts for setting aside exparte decree - Conditions to be imposed by Court - Scope of - Case laws discussed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside exparte decree - Application for recording a decree under O 12, R 6 - Defendant proceeded ex-parte - Ex-parte judgment and decree on admission of sum of Rs. 37, 24, 478/- passed - Application for setting aside ex-parte decree - Allowed by Trial Court with a condition to furnish security of Rs. 37 lacs in form of..........
Civil Procedure Code, 1908, Order 9, Rule 6, 7, 13 -- "No instructions" - Counsel also informed defendant regrading submission of `No instructions' Exparte decree can be passed without issuing fresh notice to defendant - Ex parte decree can be set aside on showing sufficient reasons for non appearance by defendant...........
Civil Procedure Code, 1908, Order 9, Rule 13, East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Exparte eviction order - Setting aside - Application is maintainable without depositing rent due...........
Civil Procedure Code, 1908, Order 9, Rule 13, East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Exparte eviction order - Setting aside - Dismissal of application - Appeal thereagainst not maintainable before Appellate Authority...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Limitation - 30 days - Starting point is date of decree - However, in case summons or notice is not duly served then it is from the date of knowledge of the decree...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Court order that party did not turn up till 3.45 p.m. - Stand taken by petitioner contrary to what has been recorded by Presiding Officer - Such a stand not to be accepted...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 9, Rule 7 -- Plaint - Amendment allowed - Defendant has right to file amended written statement limited to the amendment made in the plaint - Defendant who was proceeded ex parte can join the proceedings when the amended plaint is filed - Their right to participate in the proceedings at that..........
