Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Failure to file written statement - Counsel made efforts to contact defendant but could not contract - It is rather duty of party to contact his counsel - It is defendant and not Advocate who is negligent - No error in rejecting application to set aside exparte decree...........
Guardians and Wards Act, 1890, Section 25, Family Courts Act, 1984, Section 10, Civil Procedure Code, 1908, Section 141, Order 9, Rule 13 -- Exparte decree passed under section 25 Guardians and Wards Act giving custody of child to father - Application for setting aside exparte decree - Dismissal of application by holding that as order passed under S.25 Guardians and Wards..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Application filed immediately after defendant came to know about passing of ex parte decree - Starting point of limitation for filing such an application is the date of knowledge and not the date of passing of the exparte decree - Order allowing application,..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 19-A -- Exparte decree - Setting aside - Defendant proceeded exparte on the basis of presumption raised U.O.5.R.19-A CPC - Registered cover and summons not addressed on the correct address - No illegality or infirmity in order setting aside ex parte decree...........
Civil Procedure Code, 1908, Order 9, Rule 2 -- Suit - Dismissal on account of failure to get service of summons - Defendant Corporation represented by Counsel who is directed to appear - Dismissal ordered on wrong assumption - Order of dismissal recalled...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ejectment Petition - Setting aside exparte decree - Misuse of process of law by landlord - Application allowed on the grounds - (i) Landlord played clever game with the tenant, (ii) Took the court for a ride, (iii) In connivance with the Process Serving Agency managed the report `Tenant evading service' - Fraud played cannot..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside exparte decree - Defendant served by way of substituted service by publication in newspaper - Proceeded ex-parte - Application for setting aside ex-parte decree filed after 9 years of passing of ex-parte decree - Procedural irregularities pointed out, not material - Trial Court allowed the application - Conduct..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal for default - Restoration - Application when filed within statutory period of 30 days, suit should normally be restored provided absence was not mala fide or intentional - Reason for dismissal stated that Counsel was busy in another Court and applicant engaged in performance of religious ceremony - Held, dismissal of..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal for default - Restoration - Such application to be decided as expeditiously as possible and preferably within three months...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte eviction order - Setting aside - Ground to set aside ex parte proceedings not only found to be incorrect but also totally false - Petitioner in fact put in appearance and was proceeded exparte but the proceedings were sought to be set aside on the ground that he was never served - Held, such a false plea does not..........
