Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree set aside on the basis of statement of registered power of attorney holder of plaintiff - Application by plaintiff to set aside such order as being the result of fraud played by power of attorney holder - Such assertion denied by defendant - In such circumstances, it was..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Legal Services Authorities Act, 1987, Section 21 -- Compromise decree passed by Lok Adalat - Decree alleged to be result of fraud practiced by defendants - Terms of decree cannot be avoided unless allegation of fraud is proved - In absence of any conclusive proof as to fraud on the part of objectors, High Court committed..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - No case of JDs that there was any material irregularity or fraud in publishing or conducting sale - Objection was that decree was obtained by fraud - Application rightly dismissed...........
Consent decree -- Fraud - When mortgage property was sold in Court auction in execution proceedings and sale was confirmed in favour of auction purchaser and sale certificate was issued and sale was confirmed after overruling objections raised by fraud and initially by consent decree was not challenged at all and even order overruling objections raised by JDs was also not..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 5767 days in filing application to set aside ex parte decree - Suit for specific performance - No summons were served on defendant - Defendant is an illiterate and pardanashin lady and she only affixes her thumb impression - There is some sort of..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Fraud or collusion - Decree passed on basis of which mutation was sanctioned - Original owner of suit property never objected decree or mutation in favour of defendants in his lifetime and admitting claim of defendants in said suit in which compromise decree was passed - He of his own..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife not served with summons and her signatures were obtained on blank papers by her husband and later on misused by converting them into a power of Attorney on her behalf - She came to know of ex parte divorce decree obtained against her by husband only after his death..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Exparte decree - Setting aside at the instance of a person not party to the suit - Application U.O.9.R.13 CPC at the instance of such a person is not maintainable - However, decree obtained by fraud can be set aside at the instance of such a person u/s 151 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Aggrieved has four options : (a) to file an application U.O.9.R.13 CPC for setting aside ex-parte decree; (b) to challenge decree on merits by filing an appeal; (c) to file a separate suit on the ground that previous decree was the result of fraud (d) to file an application for review...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Decree passed - Wife seeking setting aside of decree - Plea that decree of divorce by mutual consent was obtained by coercion, fraud and misrepresentation and was thus null and void and hence did not affect the marriage between the parties - One fails to appreciate what is that wife wants by filing the..........
