June 2019

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|

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

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

December 2017

Civil Procedure Code,1908, O.9 R.13–Exparte Decree-Setting aside of–Restoration of Appeal–Court fee not deposited as per order

By | December 31st, 2017|Exparte Decree|

Comments Off on Civil Procedure Code,1908, O.9 R.13–Exparte Decree-Setting aside of–Restoration of Appeal–Court fee not deposited as per order

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