LawMirror.com

Results of set aside the ex parte decree

Andriod Application iphone Application

Showing : 191-200 of 401 Results

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of divorce - Setting aside - Wife sent a letter to Family Court at place `J' expressing that she was unable to travel upto place `J' and to defend proceedings there - She was also making efforts to approach Supreme Court by filing a petition for transfer of case - No finding recorded by Family Court while..........

KERALA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 1, Rule 8 -- Ex parte decree - Setting aside - A person who is not eo-nominee a party to a representative suit but who would be bound by decree, can maintain an application U.O.9.R.13 CPC to set aside ex parte decree...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Service of summons - Process server did not know defendant personally and no one from village accompanied him at the time of service of summons, who could identify defendant - Handwriting and Finger print expert examined by defendant has also not approved the alleged signatures of defendant..........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Application to set aside ex parte proceedings can be filed during the course of hearing of suit that is till hearing of final arguments in the suit - Application filed after hearing final arguments is neither maintainable nor ex parte proceedings can be set aside - The only remedy..........

GUJARAT HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Setting aside decree - Trial Court failed to enumerate even a single special circumstance which is so grave, exceptional or extraordinary in nature that it warrants the setting aside of decree - Decree was not made ex-parte - Grounds like summary suit was not filed in proper form and no original..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - It is not necessary for a person to first apply U.O.9.R.13 CPC for setting aside ex parte decree - He has both options either to file an appeal or review or an application for setting aside ex-parte decree - It is open to defendant who filed an appeal against ex-parte decree u/s 96(2) CPC to..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 114, , Section 27 - - Ex parte decree - Setting aside - Presumption of service of summons - Summons were not sent through post as such presumption of service u/s 114 Evidence Act and S.27 General Clauses Act cannot be raised on the basis of endorsement of refusal by process server - Held, in absence..........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Report of process server that defendants are not residing at the given address - After five days Vakalatnama was filed by an Advocate followed by written statement where virtually admissions were made and finally a family settlement deed - Court compared the signatures on documents and found..........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - No sufficient cause shown for absence of defendant and his counsel - Decree rightly not set aside...........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 20 -- Ex parte decree - Setting aside - Resort to O.5.R.17 CPC not taken by Court prior to allowing an application for substituted service of defendant nor satisfaction as required u/o 5 Rule 20 CPC recorded or pasting of notice as mandated under the said provision - Ex parte decree..........

Showing : 191-200 of 401 Results