Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction petition - Tenant not appearing despite service of summons by registered post and through process server - Tenant proceeded exparte and exparte eviction order passed - Application to set aside ex parte order dismissed and tenant did not file any appeal - High Court in such a situation cannot set aside ex parte order..........
Civil Procedure Code, 1908, Section 148, Order 9, Rule 13 -- Exparte decree - Set aside subject to payment of costs by a certain date - Costs not paid by that date - Application filed for enlargement of time - Held, an application for enlargement of time can be filed even in a case where a default clause, or a stipulation that no further extension would be granted, are..........
Civil Procedure Code, 1908, Order 17, Rule 2, 3, Civil Procedure Code, 1908, Order 9, Rule 8 -- Suit - Dismissal for default - Both the parties present - Presence recorded also - Dismissal on the ground of rejection of application for adjournment - Not permitted to be dismissed for default - Course advisable for court - To decide the suit henceforth...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Service of summons by registered post - No mention therein as to when it was served - There is one signature on A.D. but name is not clear - Defendant denied signatures to be his or his family members in his deposition - Service not proved - Exparte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 2 -- Failure to deposit Munadi fee and process fee on one date of hearing - Should not entail dismissal of suit...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside of - Trust suit - No date fixed for filing written statement - No adjournment for exparte evidence - Mandatory procedure not followed - Decree seems to be an act of haste - No knowledge attributed to the defendants - Plea of delay not available - Decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction suit - Failure of defendant to produce evidence - Court proceeded and decided the suit after detailed discussion - Application for setting aside decree - Failure to deposit decreetal amount as required under law - Provision for setting aside, therefore, is not applicable...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 8, Rule 1 -- Exparte order - Set aside - Filing of written statement beyond 90 days - Held, amendment of provision of O.8.R.1 cannot be construed as a fetter on the Court to allow parties to file written statement beyond time prescribed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- No instructions - When counsel pleads no instructions it is duty of Court to issue notice to the party - No such notice issued - Exparte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 37, Rule 2, 3 -- Provision of O.9.R.13 is not applicable to a decree passed under O.37.Rr.3(6) or R.2(3)...........
