Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Defendant filed the application for setting aside ex parte decree at the stage of execution and that too beyond limitation - Defendant contended that plaintiff forged the agreement in question which was worth about Rs.25 lacs - Value of property cannot be..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 20 -- Ex parte eviction order - Setting aside - Service of summons by affixation on the outer door of house - Process server opined that doors were locked and he has affixed the summons on the outer door of the house - Petitioner failed to show sufficient reasons for setting aside..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Sufficient cause for non appearance - Defendant undergoing treatment for breast cancer and she had undergone chemotherapy - Treatment certificate of defendant is on record - No material to show that absence of defendant was either intentional or mala fide - Condition imposed by Court below..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Improper advice of advocate may be a good ground to set aside ex parte decree but it cannot be accepted as a sufficient cause in all cases...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Material date for deciding "sufficient cause" for no, appearance by defendant is the date on which ex parte decree was passed and not his previous negligence or past defaults...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Remedy against an ex parte decree has two options: (i) to file a regular appeal; (ii) to file an appeal for setting aside the order in terms of O.9.R.13 CPC - Both the proceedings are available simultaneously...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Petitioner pleaded that he could not appear on the date of hearing for the reason that he was trying to settle the dispute outside the Court with respondent - Plea rejected as entire application is silent as to when negotiation commenced and the date on which it failed - It..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Conduct of appellants grossly negligent - Plea that Advocate had gone to Bihar to attend to his ailing brother who was suffering from cancer - Lack of proper details and supporting evidence - Does not inspire any confidence of Court - Held, there is no illegality, perversity or irrationality..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree not to be set aside when sufficient cause is not shown and application is based on vague, evasive and false averments...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Maintainability - Divorce petition - Despite re-marriage by the act of a party who obtained decree of divorce or annulment of marriage, other party's right and remedy to seek for setting aside ex-parte decree or to file appeal against the decree as per statutory provisions is in no..........
