Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 145 -- Ex parte decree - Set aside - Evidence recorded prior to setting aside ex parte decree is wiped out - Evidence recorded earlier can be used to confront said witnesses, as permissible u/s 145 Evidence Act, being previous statement of witnesses...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20(3), Civil Procedure Code, 1908, Section 27 -- Ex parte decree - Setting aside - Service of summons on defendant without mentioning therein a specific day, date, year and time cannot be held as "summons duly served" on defendants within the meaning of O.9.R.13 CPC, as such summons and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Proceedings U.O.9.R.13 CPC are not rendered infructous for the mere fact that husband contracted a second marriage after passing of ex parte decree of divorce in his favour...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Divorce petition filed by husband during pregnancy of wife - Though notice was served upon wife, but due to her critical condition in pregnancy she was prevented from appearing in Court - Application for setting aside ex parte decree filed after 3 months of passing ex..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex pare decree - Setting aside - Defendant against whom ex parte decree is passed has two options: (i) to file appeal; (ii) to file an application U.O.9.R.13 CPC - Defendant can take recourse to both proceedings simultaneously - Right of appeal is not taken away by filing an application U.O.9.R.13 CPC - But if appeal is..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17 -- Ex parte decree - Setting aside - Substituted service - Breach of provision of O.5.R.17 CPC as report of bailiff not indicating that summons were affixed on a conspicuous part of the house, at the address mentioned in the summons - Besides that, order of Court does not..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex pare decree - Setting aside - Defendant against whom ex parte decree is passed has two options: (i) to file appeal; (ii) to file an application U.O.9.R.13 CPC - Defendant can take recourse to both proceedings simultaneously - Right of appeal is not taken away by filing an application U.O.9.R.13 CPC - But if appeal is..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17 -- Ex parte decree - Setting aside - Substituted service - Breach of provision of O.5.R.17 CPC as report of bailiff not indicating that summons were affixed on a conspicuous part of the house, at the address mentioned in the summons - Besides that, order of Court does not..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Publication of notice in a newspaper other than the one in which citation had to be published - Newspaper in which citation was published was published in Agra and had circulation in Agra - Merely on this ground ex parte divorce decree cannot be..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Wife got her dues and not cooperating - Impugned order setting aside ex parte decree set aside...........
