Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons admitted - Assurance given by one defendant to the other defendant that he will be duly represented - Not a ground to set aside ex parte decree when defendant proceeded ex parte was aware of the proceedings and he neither took any pains to ensure that he was represented..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Ex parte decree set aside on payment of Rs.11 lacs which was towards advance and interest - Imposition of condition to pay entire decretal amount is meaningless to set aside ex parte decree - Reduced to 50% - Ex parte decree set aside on payment of Rs.5.50 lacs..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Report of refusal - Process server did not know defendant personally - Witness who identified defendant not examined - It is quite possible that plaintiff might have procured the report of refusal by presenting somebody else as defendant - No person from the village examined to depict that..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Substituted service - Order of substituted service without recoding necessary satisfaction that defendants were getting out of the way for the purpose of avoiding service or that for any other reason, summons could not be served in the ordinary..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Trial Court proceeded with suit ex parte with undue haste and without verifying record as to whether defendant was properly served or not - Summons not duly served upon defendant and there was sufficient cause which prevented defendant from appearing when suit was called on for hearing - Ex..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree obtained by fraud - Talks for settlement held and defendant was asked not to come to Court as plaintiff would withdraw suit - There was friendship between parties before the alleged transaction - Sufficient reason for not coming to Court - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit transferred from Court of Senior Division to Junior Division - After transfer of suit, notice not issued to defendant by Court of Junior Division - Defendant never knew about transfer of suit nor his Advocate informed him - Advocate, on his own, continued to participate in proceedings in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application filed within 30 days of receipt of certified copy - Knowledge of ex parte decree 11th Sep. - Applied for copy on 12th Sep. - Date fixed for supply of copy 13th Sep. - Copy not ready on that date - Copy ready on 18th Sep. - No notice that copy is ready given - Copy received on 25th..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree not to be set aside on an assumed irregularity in service of summons if defendant had notice of date of hearing and had sufficient time to appear and answer the plaintiff's claim...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Ex parte decree passed U.O.37.R.3 - Setting aside - Plea that proper instructions could not be given to Advocate to defend the suit - Held, it is not a special circumstance within meaning of O.37.R.4 CPC to set aside the decree...........