Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Delay of about two years in filing application - Defendant appeared in the case of his own and thereafter was proceeded ex parte - Held, application is barred by limitation and in the absence of any supporting application for seeking condonation of delay,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - When sufficient cause is not shown and application is based on vague, evasive and false averments, then in such case, ex parte decree shall not be set aside...........
Arbitration Act, 1940, Section 30, 33 -- Arbitration Award - Setting aside - Non-speaking award - Where award is no, speaking award, it is not permissible for Court to probe into the mental process of Arbitrator especially when Arbitrator rejected major portion of claim made by respondent - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - To set aside ex parte decree case should fall in either of the two categories viz. (i) that summons were not duly served and (ii) that there was sufficient cause for not appearing on the date when suit was called out for hearing...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Lawyer engaged passed away - Such averment made in application supported by an affidavit - Sufficient cause for non appearance established - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside - Where a person has no title or interest in property sold, he does not have any legal right to invoke O.21.R.89 CPC...........
Protection of Human Rights Act, 1993, Section 1 -- Human Rights - Violation of - Directions issued viz. (i) Defaulting states shall within a period of six months from the date of this order set up State Human Rights Commissions for their respective territories with or without resort to provisions of S.21(6) of Protection of Human Rights Act; (ii) All vacancies, for the..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- L.R's - Abatement - Abatement results in denial of hearing on merits and provision of abatement has to be construed strictly, but prayer for setting aside abatement and dismissal consequent upon an abatement, have to be considered liberally - Court have to adopt "a justice oriented approach" dictated by the utmost..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons without copy of plaint - Since it is a matter relating to immovable property, it would be only appropriate that parties have full contest on the respective contentions by pleadings in trial - Ex parte decree set aside subject to payment of costs of Rs.25,000/-...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons without copy of plaint - Delay - No application for condonation of delay filed - When there is no due service of summons then there is no delay in filing the application...........
