December 2017

Civil Procedure Code, 1908, O.9 R.13 & O.7 R.1–Exparte Decree—Setting aside of- -There has to be specific address regarding parentage, house number and place of residence

By | December 5th, 2017|Exparte Decree|

Comments Off on Civil Procedure Code, 1908, O.9 R.13 & O.7 R.1–Exparte Decree—Setting aside of- -There has to be specific address regarding parentage, house number and place of residence

Exparte Decree-Setting aside of–Process server had allegedly effected the service upon the petitioner which was witnessed by Village Chowkidar and it is the same very Chowkidar who has caused proclamation—This fact should have been taken notice of and appellate court ought to have recorded satisfaction and ordered for publication

By | December 4th, 2017|Exparte Decree|

Comments Off on Exparte Decree-Setting aside of–Process server had allegedly effected the service upon the petitioner which was witnessed by Village Chowkidar and it is the same very Chowkidar who has caused proclamation—This fact should have been taken notice of and appellate court ought to have recorded satisfaction and ordered for publication

November 2017

Civil Procedure Code, 1908 (CPC) O.9 R.13—Exparte Decree—Setting aside of—Service upon the adult member of the family i.e. brother has been effected but he is not the member of the family—Exparte decree set aside.

By | November 21st, 2017|Exparte Decree|

Comments Off on Civil Procedure Code, 1908 (CPC) O.9 R.13—Exparte Decree—Setting aside of—Service upon the adult member of the family i.e. brother has been effected but he is not the member of the family—Exparte decree set aside.

A procedure is meant for advancement of justice and not to scuttle the justice– In case the lawyer of the party is negligent and has not informed the party about the proceedings in the case, the litigant should not be allowed to suffer

By | November 5th, 2017|Exparte Decree|

Comments Off on A procedure is meant for advancement of justice and not to scuttle the justice– In case the lawyer of the party is negligent and has not informed the party about the proceedings in the case, the litigant should not be allowed to suffer

October 2017

July 2017

Ex-parte Decree—Setting aside of—The application for setting aside the ex-parte decree is not maintainable, where the appeal has already been disposed of/decided.

By | July 26th, 2017|Exparte Decree|

Comments Off on Ex-parte Decree—Setting aside of—The application for setting aside the ex-parte decree is not maintainable, where the appeal has already been disposed of/decided.

Civil Procedure Code, 1908, O.9 R.13–Exparte Award-Setting aside of–Order dismissing the application simply mentioned that the petitioner was given last opportunity but he did not appear and was proceeded ex parte- Impugned order is totally non-speaking

By | July 19th, 2017|Exparte Decree|

Comments Off on Civil Procedure Code, 1908, O.9 R.13–Exparte Award-Setting aside of–Order dismissing the application simply mentioned that the petitioner was given last opportunity but he did not appear and was proceeded ex parte- Impugned order is totally non-speaking

Hindu Marriage Act, 1955, S.13-Divorce Petition-All the proceedings under the Act of 1955, shall be regulated as far as possible by Civil Procedure Code—Order 9, Rule 9 and 13, have been at all times applied to the proceedings before matrimonial court

By | July 12th, 2017|Exparte Decree, Res judicata|

Comments Off on Hindu Marriage Act, 1955, S.13-Divorce Petition-All the proceedings under the Act of 1955, shall be regulated as far as possible by Civil Procedure Code—Order 9, Rule 9 and 13, have been at all times applied to the proceedings before matrimonial court

Divorce–Ex-parte Divorce—Divorce proceedings under the Hindu Marriage Act, 1955 are not trial proceedings in a suit where, as per the Code of Civil Procedure, trial Court is bound to frame issues.

By | July 9th, 2017|Divorce, Exparte Decree|

Comments Off on Divorce–Ex-parte Divorce—Divorce proceedings under the Hindu Marriage Act, 1955 are not trial proceedings in a suit where, as per the Code of Civil Procedure, trial Court is bound to frame issues.

June 2017

Civil Procedure Code, 1908, O.5 R.20-Substituted service-Substituted service through munadi cannot be ordered on the first date, when the summons had been received back unserved.

By | June 24th, 2017|Exparte Decree|

Comments Off on Civil Procedure Code, 1908, O.5 R.20-Substituted service-Substituted service through munadi cannot be ordered on the first date, when the summons had been received back unserved.

Civil Procedure Code, 1908, O.9 R.13 & O.5 R.20-Exparte decree-Setting aside of- Substituted service—Petitioner was proceeded against ex parte on the basis of publication in the newspaper which has no circulation in the area where petitioner resides

By | June 21st, 2017|Exparte Decree, Substituted Service|

Comments Off on Civil Procedure Code, 1908, O.9 R.13 & O.5 R.20-Exparte decree-Setting aside of- Substituted service—Petitioner was proceeded against ex parte on the basis of publication in the newspaper which has no circulation in the area where petitioner resides

May 2017

March 2017

Exparte Decree—Setting aside of—When an ex-parte decree is passed, defendants would have more than one remedies. Exparte Decree—Setting aside of—Courts would be liberal in condoning the delay, because such a litigant would not be benefited in approaching the Court late.

By | March 3rd, 2017|Exparte Decree|

Comments Off on Exparte Decree—Setting aside of—When an ex-parte decree is passed, defendants would have more than one remedies. Exparte Decree—Setting aside of—Courts would be liberal in condoning the delay, because such a litigant would not be benefited in approaching the Court late.

February 2017

October 2016