Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Service of summons - Telegram - There is no presumption of service available on the basis of receipt of telegram only - Ex parte divorce decree set aside...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Service of summons - Registered notice received back with endorsement 'not found' - Dasti notice not found to be served by `nishan dehi' - Service of summons on the basis of telegram is not available - Service by affixation highly suspicious -..........
Civil Procedure Code, 1908, Section 2(9), Order 9, Rule 6, 13, Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 20, Rule 1, 4(2) -- Defendant proceeded ex parte - Merely for this reason, allegations in complaint cannot be accepted to be correct - Court has to record a finding or call for evidence in support of the plaint allegations...........
Civil Procedure Code, 1908, Order 5, Rule 20, Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for declaration on the basis of adverse possession - Defendants order to be served by way of publication - Exparte decree - Setting aside ex parte decree - Ex parte decree passed without publishing notice for service on defendant as directed by Court - Order setting aside..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Suit for declaration on the basis of adverse possession - Suit decreed exparte - Setting aside of ex parte decree sought for - Ex parte decree declaring plaintiff as Bhumidhar of trust property on basis of adverse possession - Applicant claimed to be Manager of trust after death of her husband who was manager of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause for non appearance - Plea that defendant had gone outside State to earn his livelihood and pairokar failed to take proper care of the case - Plea shows sufficient cause for non appearance as well as delay in filing application - Exparte decree set aside subject to payment of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Service of summons through substituted service by publication of notice in newspaper - Limitation - Starts to run from the date of knowledge of ex parte decree and not from the date of passing of the decree -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte eviction order - Setting aside - Service of summons - Adult members of the family available to accept notice refused to accept service and also failed to divulge the address of the tenant - It amounts to refusal of service - Exparte decree upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 9, Rule 13 -- Amendment of application filed U.O.9.R.13 - Fact sought to be incorporated by way of amendment was in the knowledge of the applicant at the time of filing of application U.O.9.R.13 CPC - No opportunity can be granted to amend the pleadings - Petition dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Limitation - Thirty days - Time begins to run from the date of knowledge of decree, or when the applicant had the knowledge of the decree...........
