Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Sale deed executed by defendant No.3 through attorney challenged - Attorney also impleaded as defendant in the suit - Defendant No.3 served through attorney as well as through Munadi - Proceeded ex parte on non appearance - Non appearance of defendant No.3 as a witness - It was only defendant..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Application for setting aside abatement - Condonation of delay - Information with regard to death of respondents Nos.1 to 5 had come within the knowledge of appellants in the year 2008 - Applications for condonation of delay and setting aside abatement filed on 14.01.2011 - Held, conduct of..........
Civil Procedure Code, 1908, Order 43, Rule 1(d), Civil Procedure Code, 1908, Order 9, Rule 13 -- Expln., Ex-parte decree - Setting aside of - Appeal - Maintainability - Application for setting aside ex-parte decree U.O.9.R.13 CPC dismissed - Appellants thereafter first preferred a regular first appeal u/s 96(2) of CPC challenging legality and validity of impugned ex-parte..........
Civil Procedure Code 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons by substituted service - Substituted service can be ordered only if defendants were getting out of way for purpose of avoiding service or for any other reason summons could not be served in ordinary way - In the instant case, it cannot be said that defendants were avoiding..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 89,90 -- Auction sale - Setting aside - Sale of land not belonging to J.D. - Limitation to set aside auction sale not applicable - Court not to remain a mute or helpless spectator to obvious and manifest illegality committed in conducting Court sales even if application is not filed within time prescribed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Scope of O.9.R.13 CPC - Held, proceeding U.O.9.R.13 of the Code is not concerned with merits of the suit but is concerned only with two things, viz. summons were not duly served on defendant or that he was prevented for any sufficient cause from appearing when suit was called on for hearing...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant not coming to Court with clean hands - Defendant coming up with certain incorrect and frivolous statements, one contradicting the other and the truth of one statement being belied by the other statement - Conduct of defendant has not been an honest one - He has failed to come with..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte Decree - Setting aside - Plea that after restoration of suit to its original number, no summon was served on petitioner - However, petitioner after restoration of suit to its original number appeared on various dates and participated in proceedings - Even issues were settled in the presence of counsel of parties -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Suit was set ex parte on 13.07.2001 - No steps were taken by petitioner and other defendants as well as Govt. Pleader till February, 2003 - Application U.O.9.R.13, CPC filed 01.02.2003 - Held, delay in filing application U.O.9.R.13, CPC..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Non service of summons - Delay in filing application - Condonation of - No service was effected on petitioner - He did not have knowledge of pendency of suit - Held, application for condoning delay in filing application as also application U.O.9.R.13 of the..........
