Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Application for setting aside ex parte decree was filed after a substantial delay and no document in support of application for condonation of delay was filed - Application is barred by law and thus, liable to be dismissed solely on the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Application for setting aside ex parte decree was filed after a substantial delay and no document in support of application for condonation of delay was filed - Application is barred by law and thus, liable to be dismissed solely on the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was not only served the notice of civil suit but he participated till closure of evidence of both the parties - At the time of final argument `No instructions' was pleaded - No sufficient ground was shown for non-production of evidence despite six opportunities to defendant -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was not only served the notice of civil suit but he participated till closure of evidence of both the parties - At the time of final argument `No instructions' was pleaded - No sufficient ground was shown for non-production of evidence despite six opportunities to defendant -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Service of summons - Notice served on defendant by substituted service in local newspaper which is less in circulation in the locality - Service of notice not acceptable - Defendant has shown sufficient cause to set aside ex parte decree Ex parte..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for recovery of money amounting to Nine lakhs - Ex parte decree set aside subject to payment of Rs.500/- costs - In general a money decree is not stayed unconditional and J.D. would be put on terms on the ground that such conditions must be reasonable with regard to all relevant factors..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Ex parte order - Setting aside - Counsel not appeared on the relevant date which resulted in ex parte order passed against defendants - Party cannot be made to suffer for fault of counsel - Foreclosure of defendant's right to cross-examine PW1 and PW2 has resulted in grave prejudice to right of defence of..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Ex parte decree - Setting aside - Separate formal application for condonation of delay u/s 5 of Limitation Act is not necessary, if there are sufficient material on record disclosing sufficient cause of delay...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Ex parte decree - Setting aside - Separate formal application for condonation of delay u/s 5 of Limitation Act is not necessary, if there are sufficient material on record disclosing sufficient cause of delay...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Nothing on record to demonstrate that Court Amin has made any endevaour with due and reasonable diligence to find out defendant - Simple statement of wife of defendant on the first date of visit of Process Server, wherein wife has refused to accept the notice and shown..........
