...Ayyangar, J. — This is an appeal by special leave filed by a defendant whose application under order 9 Rule 13, of the Civil Procedure Code to set aside an exparte decree...and was, therefore; unable to be present in Court when the case was called on the 29th — i.e the day fixed for hearing. He, therefore, prayed that the order or direction to proceed exparte passed...application was disposed of by the High Court on September 4, 1958 when the following order was passed:“It is conceded that no exparte decree has yet been passed. The...

...this case the AO had passed an exparte order under section 144 on 29.12.2006 in which substantial additions had been made. We also find that on the Date of Hearing fixed by CIT(A), no one had appeared...on behalf of assessee and CIT(A) thereafter disposed of the matter exparte. Order of CIT(A) shows that only one notice of hearing was issued, and thereafter exparte order was passed as no one appeared.... There is no mention of date of notice or whether notice was actually served and exparte order had been passed. Under these circumstances we are of the view that no proper opportunity was given to...

.... However, no one appeared on the next date i.e. 12.12.2011 and an exparte order was drawn. On filing of the application for setting aside the exparte order on 20.04.2012, the learned court below had set...aside the exparte order on 27.08.2012 on the cost of Rs.500/-. The petitioner had neither deposited the said cost nor appeared before the court below. Consequently, again an exparte...Mr. C.S. Meena for the petitioner. Mr. Yogesh Singhal for the respondent. This revision petition has been filed against the order dated 17.06.2014...

...Control Court passed an exparte order of eviction on 17.12.2013 The petitioner/tenant filed I.A No. 18 of 2014 before the Rent Control Court to set aside the exparte order of eviction. The Rent Control...appeal before the Appellate Authority against that order. However, Sri. Dinesh R. Shenoy submitted that since the application to set aside the exparte order was filed within time, to avoid further delay...in the matter, it would be ideal for the landlord to agree for setting aside the exparte order. However, the learned counsel added that the tenant has approached the Rent Control Court to set aside the...

...and CMP.No.21811 of 2021 CPC., seeking to set aside the exparte order of delivery made in EP.No.8 of 2019. 2.The petitioner would claim that no notice was served on him in the...Execution Petition and he came to know about the exparte order, directing delivery of possession only on 25.09.2019 and within 30 days from the date of knowledge of the order, he had filed the application...seeking to set aside the exparte order. The exparte order was passed on 09.07.2018, after recording the fact that the petitioner had refused to receive notice in the execution petition. It is the...

...application filed by the defendant/petitioner for setting aside the exparte order, has been dismissed.3. The submission of the leaned counsel for the defendant/petitioner is that although...he moved an application within 18 days itself i.e on 4.8.2005 for setting aside the exparte order dated 18.7.2005, therefore, looking to all the facts and circumstances of the case, the application...present case, was not proper and he refused to accept the notice and he did not allow to paste the notice, therefore, the petitioner has no sympathy at all to get exparte order, set aside in the facts and...

...impugned order is an exparte order by which the petitioner was directed to pay maintenance to the respondents under Section 125 Cr.P.C. at the rate of Rs.6.000/- and Rs.7,000/-. According to the...petitioner, the reason which leads to the exparte order is not correct and he has not received any notice. 2. I am of the considered opinion that such contentions cannot be...raised in a revision filed against the exparte order. The revisional court can only look into the exparte order and find out whether there is any illegality, irregularity or impropriety. If the petitioner...

...to contest the proceedings. This led to passing of an exparte order on 09.03.2017 by the Controlling Authority. The petitioner herein thereafter filed an application for setting aside the said...exparte order, but the application was filed only on 03.09.2017. 3.As per the proviso Rule 11(5) of the Tamil Nadu Payment of Gratuity Rules, 1972, an exparte...order can be reviewed on a good cause, being shown within thirty days of the said order. In this case, the application for setting aside the exparte order was filed more than 5 months later...

...appearing for the appellant and the learned senior counsel appearing for the respondent. 2. This appeal is directed against an exparte ad-interim order dated 27.04.2024...passed by the Commercial Court, Bengaluru. In terms of the said exparte order, the defendant/appellant is restrained from selling/alienating/encumbering/creating third...no reasons are assigned while passing exparte order. It is also submitted that appellant being owner of the property and respondent being the agent, the respondent/plaintiff is not entitled to seek...

...exparte against the petitioner / O.P.No.2 as per order dtd.01.01.2015 as the petitioner failed to appear on that date before it after service of notice. 3. The learned advocate of the...respondent submitted that this Commission has no power to set aside the exparte order. She relied upon the observations made in the following two cases. Vs. ., AIR 2005 Madras 181...Commission has no power to recall or to set aside its own exparte order. The said decisions are not applicable to the present case as we are not hearing petition for review so as to recall our own...

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...enhancement of maintenance. The Family Court enhanced the monthly maintenance to the child from Rs. 500/- to Rs. 2,500/- as per an exparte order dated 16.8.2008 630 days thereafter, the petitioner...filed an application before the Family Court to set aside the exparte order and to condone the delay. He contended that he was a coolie working in Chennai and he was not aware of the proceedings before...was employed in a Gulf country for the last ten years. The Family Court thought that an opportunity should be given to the petitioner to contest the case on the merits and, therefore, the exparte order was...

...petitioners and perusing the records, it is evident that an exparte order of maintenance has been passed directing respondent No.1 to pay monthly maintenance of Rs.3,000/- to the petitioner until further.... Therefore, what is confirmed by the Appellate Court is an exparte order passed by the trial Court. The trial Court has no opportunity or occasion to consider the objection as well as the grounds...urged by the petitioners. It is a recognized principle of law that an exparte order is passed without hearing the other side. The Court, which passed the exparte order has got jurisdiction to hear the...