Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 9, Rule 6(1(a)), Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex-parte decree - Setting aside - Non filing of written statement and non appearance to explain the circumstances under which written statement was not filed and to seek further time for said purpose - It is an ex parte decree..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte order of eviction - Setting aside - Limitation - No limitation is prescribed for filing an application for setting aside ex parte eviction order as provisions of Limitation Act are not applicable to proceedings under the East..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex Parte decree - Setting aside - Service of summons served without copy of plaint - Service cannot be aid to be legal or a mere irregularity - Service of service not accompanied with copy of plaint is not due service - Order setting aside ex parte eviction order upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay of two years in filing application - Condonation of delay - Defendant failed to file an affidavit explaining the delay and setting out sufficient cause for filing application to set aside ex parte decree after long lapse of more than two years -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17 -- Ex parte decree - Setting aside - Ex parte decree passed on the basis of publication of notice in a newspaper - Order of service of summons by substituted service, held, not proper, as report of process server attested by a witness but his address not mentioned - In absence of..........
Hindu Marriage Act, 1955, Section 28, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree passed under Hindu Marriage Act - Application U.O.9.R.13 CPC to set aside ex parte decree is maintainable - A party aggrieved by an ex parte judgment and decree may either file an application U.O.9.R.13 CPC or an appeal...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Respondents No.1 & 2 were minors at the time of filing of suit - Natural guardian of respondents was not acting in consonance with the interest of minors - No steps were taken by Court to issue notice to get the minors to be represented through next friend or by appointing Court guardian -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Limitation - Respondents Nos. 1 & 2 were minor at the time of filing of suit and they sought setting aside of ex parte decree on attaining age of majority - Issue of limitation irrespective of the onus, had to be settled in favour of respondents - Ex parte decree rightly set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Decree passed in the counter claim - Suit not pressed - Suit dismissed and counter claim decreed - Answer to the counter claim was not filed - Plaintiff was not declared ex parte to the counter claim - Decree not passed U.O.8.R.10 CPC - Held, even though the suit was `not pressed' but such a concession was not there for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Mere irregularity in the service of summons or where defendant had notice of date and had sufficient time to appear in Court, Court shall not set aside the ex parte decree...........
