CiteTEXT
...Order 21 Rule 106 of Civil Procedure Code to set aside the ex-parte order. The Judgment Debtors also fil...Order 21 Rule 106 of Civil Procedure Code.4. Mr. P. Dinesh Kumar, learned counsel for the...Order 21 Rule 106 of Civil Procedure Code, in E.A No. 74 of 2015 will become infructuous....
...S.B Sinha, J.— Interpretation of sub-rule (3) of Rule 106 of Order 21 of the Code of Civil Procedure (the ...terms of sub-rule (3) of Rule 106 of Order 21 of the Code of Civil Procedure a restoration application is required to be filed within 30 days ...not. Sub-rule (1) of Rule 106 of Order 21 of the Civil Procedure Code provides for restoration of the application for default or setting aside ...
...first defendant filed an application in E.A No. 39 of 2014 under Order 21 Rule 106 of Civil Procedure ...Order 9 Rule 13 of Civil Procedure Code is now pending.5. When the matter is taken up for hearing today, the learned...judgment debtor has filed the above Civil Revision Petition.2. The plaintiff filed a suit in O.S No. 403 of 2008 on the file of District Munsif, Tambaram for delivery of possession and...
...Order 21 Rule 106 of Civil Procedure Code before the court below to set aside the exparte order dated 12...PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India to set aside the...order of the District Munsif Court, Tiruppur in E.A No. 14 of 2015 in E.P No. 18 of 2014 in R.C.O.P No. 6 of 2001 dated 19.06.2017 and to pass further orders.The Order of the Court was...
...Order 21 Rule 106 of the Civil Procedure Code.
4. The office of the Registry has enterta...per Order 21 Rule 106 of Civil Procedure Code.
12. It is not out of place for this Cour...in the interest of justice.
14. At this juncture, this Court pertinently recalls the provision Order 21 Rule 106(3) of Civil Procedure ...
...under Rule 22 of Order 21 of Civil Procedure Code is dismissed.6. Reliance is placed particularly on the observations contained in para 5 ...Order 21 of Civil Procedure Code.7. As is spelt out from Rule 106, the..., it is seen that Court was persuaded to hold that it is a case governed by principles analogous to Rule 13 of Order IX of Civil Procedure Code which are reiterated or i...
...Order 21 Rule 38 of the Civil Procedure Code. The said application was allowed. Subsequently, the EP was dismisse...the revision petitioner would submit that under Order 21 Rule 106 of the Civil Procedure Code, the insta...Order 21 Rule 106 of the Civil Procedure Code, the respondent has filed the instant application to set a...
...Order 21 Rule 106 of the Civil Procedure Code.
2. It is quite evident from ...wherein it is held that an order rejecting an application under Rule 106(1) of Civil Procedure Code is an appealable order under Order 43(1) *(ja) ...of the Civil Procedure Code before the Executing Court and the same having been dismissed, then the proper remedy for the revision petitioner in the eye of...
...challenging the dismissal of the application filed by him under Order 21 Rule 106 of the Civil Procedure Code to set aside the exparte order dated 25.11.2013 passed in E.A.No.19 ..., Villupuram in I.A.No.131 of 2014 in C.M.A.No.7 of 2014 filed by the respondent challenging the order passed by the Executing Court dismissing his application filed under Order 21 Rule 106 of the...against the dismissal of the petition filed under Order 21 Rule 106 of the Civil Procedure Code, no appeal will lie and hence, the appeal filed by the respondent in C.M.A.No.7 of...
...Order 21 Rule 106 of the Civil Procedure Code, to set aside the exparte order. Whereas suppressing many ...by him under Order 21 Rule 106 of the Civil Procedure Code till date. On 06.06.2017, E.P. No. 82 of 2016...Order 21 Rule 106 of the Civil Procedure Code to set aside the exparte order of attachment. On 14.03.201...
...an application in E.A No. 219 of 2009 under Section 47 of the Civil Procedure Code. The said application was dismissed for...Civil Procedure Code. The Execution Court dismissed the application finding that the revision petitioner had left the application being dismissed for default...petitioner, who is a 3 party to the proceedings cannot file an application under Section 47 of the Civil Procedure Code. Only...
....
2. The learned counsel for the petitioners submitted that E.A.No.181 of 2013 has been filed to condone the delay of 95 days seeking to file set aside petition under Order 21 Rule...)
Prayer: Civil Revision Petitions are filed under Section 115 of the Civil Procedure Code, 1908, praying to set aside the order passed in E.A.Nos.181 and 183 of 2013 in E.P.No.13 of 201...
(in both CRPs)
ORDER
1/4
These Civil Revision...
..., 1908 is hereby repealed. Therefore, after 1 January, 1964, sub-rule (4) of rule 105 of Order 21, Civil Procedure Code, could no longer be ap...section 151, Civil Procedure Code, does not arise in this case. That is because of the specific provision contained under ...of sub-rule (3) of Rule 106 of Order XXI of the Code of Civil Procedure a restoration application is required to be filed wi...
...rejecting the petitioners' application under Order 21 Rules 98 to 101 of the Code of Civil Procedure is appealable or not, this Court is required to consider the entire ...the Code of Civil Procedure Order 21 Rule 97 of the Code...said decree by filing an application under Order 21 Rule 98 to Rule 101 of the Code of Civil Procedure claiming therein his right in respect of the suit property which...
...restoration of the said E.P.
5. The said application was dismissed by the Court below mainly on the ground that the time prescribed under Order 21, Rule 106 of the ...-holder is that the Code of Civil Procedure prescribes period of limitation as 30 days under Sub-rule (3) Rule 106 of Order 21 of th...:
Andhra Pradesh Rules and Notifications Amendment to Rule 106 of Order 21 of Civil Procedure Code (Published in A.P Gazette RS to Pa...
...the application as not maintainable stating that for filing application under Order 21 Rule 106 of the Code of Civil Procedure, the decree holders shou...application within 30 days and that the execution Court has no jurisdiction to condone the delay in filing an application under Order 21 Rule 106 of the Code of Civil Procedure....finding of the execution Court cannot stand for the reason that on 27.02.1992, there was Madras High Court amendment in respect of Order 21 Rule 105(3) of the Code of Civil ...
...Order 21 Rule 106 of the Civil Procedure Code to set aside the exparte order passed by the Executing Cou..., Coimbatore, has filed the above Civil Revision Petitions challenging the orders passed in E.A No. 660 of 2015 in E.P No. 132 of 2013 and E.A No. 661 of 2015 in E.P No. 86 of 2014.2. The...final decree on 13.06.20063. Pursuant to the final decree passed in the suit, the Decree Holders filed E.P Nos. 132 of 2013 & 86 of 2014. Since the Judgment Debtor remained absent before...
...Executing Court on 21.04.2023, whereby owing to non-appearance of the petitioner-Judgment Debtor or his counsel, two applications preferred by him under Order 21 Rule 106 read with Section 151 of ...petitioner, was dismissed by the Court after noticing the provisions of Order 21 Rule 106 of CPC as the appropriate remedy for getting ex-parte order set aside had not been availed by the petitioner...in short) and under Order 21 Rule 59 read with Section 151 of CPC were dismissed in default. The petitioner has admittedly not taken recourse to appropriate remedy against...
...provisions of Order 21 Rule 106 of the Code of Civil Procedure (hereinafter referred to as “the Code”)(2) That E.A. No....12. Further, a reading of Order 21 Rule 106 of the Code of Civil Procedure, which is extracted below,“...provisions of Order 21 Rule 106 of the Code. It is therefore not known as to how the learned IX Assistant Judge, City Civil Court, Chennai, has proceeded to hear E.A. No. 2004 ...
...of by the Parliament at the time when the Amending Act 104 of 1976 was passed. That is the-reason why rule 106 of Order 21 C.P.C did not mak...Section 5 of the Limitation Act. That is why the Central Code in rule 105 of Order 21, Civil ..., Civil Procedure Code. If, therefore, there is repugnancy between the Central Code under rule 106 and the Madras Amendment under sub-rule (4) of ...