Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Written statement not filed inspite of repeated adjournments - Costs also imposed but not paid - Defendant not present and hence proceeded exparte - Application to set aside ex parte decree dismissed - Appeal against - Written statement not filed with appeal and defendant even not ready with..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit fixed for framing of issues - Non appearance of plaintiff - Suit not to be dismissed for default when case is fixed for framing of issue - When presence of party on a particular date is not required and Court can proceed with the suit even without assistance of party and his advocate, then it is always desirable that..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Application for restoration of suit on behalf of Bank filed by an officer different than the one who filed the suit - Held, successor in office can file application for restoration of suit...........
Civil Procedure Code, 1908, Section 115, Order 37, Rule 4, 3(4), Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree U.O. 37 - Setting aside - Merely a printed line in summons that affidavit as required to be filed U.O.37.R.3(4) stands filed is not sufficient whereas in fact no such affidavit is filed - Since there is no compliance with mandatory provision of..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Exparte proceedings - Setting aside - Wrong mentioning of name of father of petitioner in summons - Not significant as it is no body's case that petitioner is a person other than party to the proceeding...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 5, Rule 16 -- Exparte proceedings - Setting aside - No express order as to petitioner being proceeded ex parte except that service is complete - Petitioner made an endorsement on the summons that name of his father is wrongly mentioned and that he has no connection with the case and that it is..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Case fixed for filing written statement - Nothing was to be done by plaintiff - Court should not have dismissed the suit for non prosecution as it cannot be said that there was default in strict sense for non prosecution on the part of plaintiff - Suit restored...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Fraud - Non service of summons does not constitute fraud or misrepresentation...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Ex parte decree - Setting aside - Fraud - To prove fraud it must be pleaded and proved - To prove fraud it must be proved that representation made was false to the knowledge of the party making such representation or that the party could have no reasonable belief that it was..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Costs - Suit amount more than Rs.23 lakhs - Considering the quantum of suit claim, ex parte decree set aside subject to payment of Rs.10, 000/- as costs - Held, it is not the quantum of the suit claim that is to be considered but the question to be considered is whether there was any wilful..........
