Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has failed to produce any evidence to rebut presumption of proper service - He failed to discharge initial burden - There was thus, no obligation on plaintiffs to produce process server as a witness - Suit remained pending from 2008 till 2022, when ex-parte decree was passed -..........
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution during pendency of application U.O.9.R.13 CPC - Application for stay of execution has to be filed before Court where application U.O.9.R.13 CPC for adjudication, is pending...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant has not only failed to show sufficient cause for his prolonged absence before trial Court but has also approached High Court after exhausting two rounds of adjudication both trial Court and revisional Court having concurrently..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendants have already filed written statement and they were diligent enough to defend the suit - They came to know about ex parte decree only when they received notice in execution proceedings - Defendants ought to be given an..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant though claimed that he was not served at the correct address, however in execution proceedings on the same very address, he received summons and put in appearance through his counsel - Application U.O.9.R.13 CPC filed after delay of more than a year and no explanation was given for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants acquired knowledge on the basis of summons which were issued in execution case - Even in main suit summons were not served and it is not disputed that there was no order passed by Court or even on registered cover sent by Court that summons were either refused or deliberately..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC filed after inordinate delay of about 7 years after putting in appearance by defendant in execution proceedings - No reason offered by defendant for not filing application for setting aside ex parte decree for a period of almost seven years - Order..........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings pending decision of application U.O.9.R.13 CPC - No reasons forthcoming for not filing application for stay at a early date - Even application U.O.9.R.13 CPC has been filed only in the year 2019 - Liberty is thus, granted to defendant to file an..........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings pending decision of application filed U.O.9.R.13 CPC - Stay application be heard and decided on merits prior to execution of warrants of possession so that defendant is able to prima facie put forth his case before being dispossessed in execution of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 582 days in filing application - Defendant was duly served with summons in suit and had appeared - He failed to state that after becoming aware of passing ex parte decree on 18.7.2019, what steps were taken by him to seek setting aside..........
