November 2019

Stay on Execution—Suit was decreed exparte—Till disposal of application for setting aside of exparte decree its execution stayed.

By | November 28th, 2019|Exparte Decree|

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Exparte Decree—Setting aside of—Report of process server and munadi karinda can be discarded on basis of strong and cogent evidence that such report was managed

By | November 27th, 2019|Exparte Decree|

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Exparte Order-Petitioner was proceeded exparte-Held; a party to a suit has at least a right to appear before the court even after being proceeded against ex parte.    

By | November 9th, 2019|Exparte Decree|

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October 2019

August 2019

July 2019

June 2019

Exparte decree—Stay of Execution—Eviction—It would be in the fitness of things that the execution proceedings are stayed till the decision of application under 0.9 R.13 CPC

By | June 24th, 2019|Exparte Decree|

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Setting aside of– Divorce decree-Wife was served with the publication in the newspaper namely The Tribune, Chandigarh Edition but the said newspaper was not having any circulation in the State of Uttrakhand

By | June 19th, 2019|Exparte Decree|

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Held; the proceedings are regarding dissolution of marriage-It would be against the interest of the parties that such proceedings are proceeded against ex-parte- -It would be appropriate to afford an opportunity to the petitioner to defend the proceedings under Section 13 of the Act-Bx-parte order set aside

By | June 6th, 2019|Exparte Decree|

Comments Off on Held; the proceedings are regarding dissolution of marriage-It would be against the interest of the parties that such proceedings are proceeded against ex-parte- -It would be appropriate to afford an opportunity to the petitioner to defend the proceedings under Section 13 of the Act-Bx-parte order set aside

Exparte Decree—Setting aside of—Application under 0.9 R. 13 CPC did not aver specific pleading qua acquisition of knowledge- Application dismissed

By | June 5th, 2019|Exparte Decree|

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April 2019

Civil Procedure Code, 1908, O.9 R.13–Exparte Decree-Setting aside of— Limitation to file the application is 30 days from the date of passing of ex parte judgment and decree or acquisition of knowledge—In present case, application was filed after 2 years of exparte decree-One of other defendants had earlier filed application but was dismissed—Thus, it is highly improbable that applicant was not in the knowledge of exparte judgment and decree-­ Application held to be rightly dismissed.

By | April 17th, 2019|Exparte Decree|

Comments Off on Civil Procedure Code, 1908, O.9 R.13–Exparte Decree-Setting aside of— Limitation to file the application is 30 days from the date of passing of ex parte judgment and decree or acquisition of knowledge—In present case, application was filed after 2 years of exparte decree-One of other defendants had earlier filed application but was dismissed—Thus, it is highly improbable that applicant was not in the knowledge of exparte judgment and decree-­ Application held to be rightly dismissed.

March 2019

December 2018

Civil Procedure code, 1908, O.9 R.7–Ex parte order-Setting aside of–Stage of joining proceedings—Proceedings must continue from the stage at which the later appearance was entered and obviously, he could not be relegated to the position he would have occupied if he had appeared at the earlier hearing or hearings—But he certainly had the right of participation in the proceedings, to cross-examine the plaintiff or his witnesses and if necessary, to lead evidence in rebuttal.  

By | December 22nd, 2018|Exparte Decree|

Comments Off on Civil Procedure code, 1908, O.9 R.7–Ex parte order-Setting aside of–Stage of joining proceedings—Proceedings must continue from the stage at which the later appearance was entered and obviously, he could not be relegated to the position he would have occupied if he had appeared at the earlier hearing or hearings—But he certainly had the right of participation in the proceedings, to cross-examine the plaintiff or his witnesses and if necessary, to lead evidence in rebuttal.  

September 2018

April 2018

March 2018

January 2018