...Class-II, Distt. Sidhi, whereby the application filed by the petitioners under Order 9 Rule 7 of CPC for setting aside ex parte proceeding has been rejected.... 3.It is reflected from the impugned order that the petitioners were proceeded ex parte on 15.05.2018 and the application under Order 9 Rule 7 of CPC was filed on.... Considering the aforesaid, the impugned order dated 16.08.2018 is set aside and a liberty is granted to the petitioners to file a fresh application along with an affidavit of the defendant which shall be...

.... Thereafter, on 19/4/2010, the petitioner filed an application for setting aside ex-parte proceedings against him. He contended in the application that, he had no knowledge about the ex-parte ...the present petitioner filed an application for setting aside ex-parte proceeding contending that he came to know about the ex-parte proceeding under Order 9 Ru...plaintiff and in order to set aside the suit proceedings he filed an application for setting aside ex-parte proceeding because if the application be allowed, again the issues be framed and another...

.../2002 wherein Hari Singh is one of the defendants. Hari Singh was proceeded ex parte. However, application for setting aside ex parte proceeding against Hari Singh was allowed...

...26.07.2023 passed an ex-parte order against the applicant. The court fixed the date for ex-parte evidence as 28.08.2023. Counsel for the applicant further submits that on 28.08.2023, applicant moved an application ...ex-parte proceeding was allowed with cost of Rs.1,000/- by... direction that if applicant deposit Rs.1,000/- within 15 days as the cost awarded by Family Court by order dated 28.08.2023, the order passed on 26.07.2023 as ex-parte ...

...for setting aside ex parte proceeding, has been dismissed.Brief facts of the case are that plaintiff/respondent No. 1 filed a suit for declaration, possession and permanent injunction...ex parte order dated 19.9.2009 was passed. On 20.5.2013 defendant/petitioners moved an application for setting aside ex parte proceedings, which was dismissed vide impugned order. Hence, the prese...allowed. Impugned order dated 31.5.2013 (Annexure P-3) passed by learned Additional Civil Judge (Senior Division), Guhla is set aside and application for setting aside the ex parte proceedings is allowed...

...setting aside ex-parte proceeding dated 27-5-2015 has been peremptorily dismissed by the trial court under its order dated 21-3- 2017 without regard to the fact that the purported service on the RC...other set of notice be served on the counsel for the respondent election petitioner appearing before the trial court. List the case on May 5, 2017. Till then the further proceeding of the...

...which the application is filed for setting aside ex-parte order are not correctly mentioned nor any proof of the same is on record. The plea taken in the application filed for setting aside ...application filed by the petitioner herein, one of the defendants before the trial Court, for setting aside ex-parte proceedings initiated against him came to be dismissed by the learned trial Court Munsiff...application filed for setting aside ex-parte proceedings. 03. It is apparent from the impugned order that the petitioner herein had moved an application for setting aside ...

... This is a petition by the applicant against the order dated 28.03.2025 passed by the Family Judge, Bhopal by which, the applicant's application for setting aside ex-parte ...that his counsel had appeared on the said date but the file was not available and this aspect was considered by the Family Court while considering the application for setting aside ex-parte...applicant came to know about the ex-parte proceedings on 26.11.2024. The Family Court further observed that on further dates i.e. 16.12.2024 and 19.12.2024 also, no application for setting aside ex-...

.... Thereafter, it appears that because of misplacement of record in transition, it was reconstructed on 05.06.2005 and since defendant did not turn up, the trial Court proceeded ex parte. That an application under O...kept pending and ex parte decree was passed on 23.12.2005 An application under...the following terms:“Case pertains to setting aside of sale deed and will with respect to agricultural land. The sale deeds were executed on 26.6.1971, 29.7.1971 and will dated...

.... Counsel, representing the respondent, submits that when the petitioner/defendant had filed an application for setting aside ex-parte proceeding order passed against her in the year 2001 and her...prevented her Mali from working on the suit property. He argues that application under Order 9 Rule 7 of C.P.C for setting aside ex-parte proceedings was dismissed in the...inform her about the passing of the ex-parte decree. The mere fact that earlier she had been proceeded ex-parte and her application for setting aside order of ex-parte proceeding...

...aside ex-parte proceeding has been rejected. 2. It is submitted by the counsel for the petitioner that the petitioner is defendant in a suit instituted by Smt. Vinita...23.02.2022, the petitioner filed an application under Order 9 Rule 7 of CPC for setting aside the ex-parte 3...in case if the ex-parte proceedings are not set aside, then it would cause irreparable loss to the petitioner. It is further submitted that even otherwise all the defendants have not been served and...

... 4. Learned counsel for the petitioner further submits that for setting aside ex-parte proceeding of Title Suit No. 340 of 2014, the defendant/petitioner has filed...for setting aside the decree against him and he can move proper application for stay of execution proceeding but making objection to the petition filed for delivery of...suit was decreed ex-parte behind the back of the defendant/petitioner with the judgment dated 29.05.2018 passed by the learned Sub-Judge-II, Darbhanga. Thereafter, Title Execution Case No. 02 of...

...their grandmother, who died on 10.01.2020 and they were proceeded ex-parte on the said date. The petitioners moved an application under Order 9 Rule 7 of CPC 3 ...proceeded ex-parte by the learned trial Court. He would contend that application under Order 9 Rule 7 of CPC was moved along with a copy of death certificate of their grandmother, but the learned trial...Court rejected it vide order dated 07.10.2021 without assigning sufficient reasons. He would pray to set-aside the order. 3. On the other hand, learned counsels...

...had been proceeded against ex-parte on 08.08.2016, Sh. Vinod Kumar Goyal, Additional District Judge, Jalandhar opted to dismiss the application for setting aside ex-parte proceedings by passing th.... Despite calling the case a number of times, neither the respondent herself nor anybody else has appeared on her behalf. Hence, the application for the respondent for setting aside ex-parte proceeding ord...appellant moved an application for setting aside ex-parte order dated 08.08.2016. The interim order dated 27.09.2016 reads as follows:—“Counsel for respondent moved an application for set...

...was proceeded ex parte on 20.7.1996 and after taking ex parte evidence on 19.9.1998 marriage was dissolved under Section 13 of the Hind...department’s technicality cannot be sufficient cause for setting aside ex parte decree under Order 9 Rule 13. 7. Per contralearned Counsel for the appellant...aside ex parte proceedings. It was further contended that when a notice was sent through Advocate by the appellant on 10.6.2002, it was for the first time revealed that the appellant had been proceeded...

...was evicted ex-parte from the suit land, then he requested for setting aside ex-parte proceeding. Finally, the case was reaching the decision stage, he gave another application for decidi...court. After rejection of application, he also moved to appellate court of Collector. Then he disappeared from court and when ex- parte proceeding was initiated, he again appeared. When evidence part came...panchayat land. Assistant Collector 1st grade has given 36 dates. It gave 9 opportunities to revisionist. First revisionist made a request for stopping eviction proceeding on the ground of stay by civil...

...he was proceeded ex-parte on 08.04.2024. Thereafter, defendant appeared through his counsel who filed an IA No.678/2024 for setting aside ex-parte proceeding dated 08.04.2024, however the...: Argued by Sh. D.S. Bainola, counsel for the applicant Defendant is ex-parte FINAL ORDER 1.... 8. Heard ex-parte arguments and perused record. 9. It was argued by learned counsel that in view of the documentary evidence brought on record which...

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...master of the case and the present petitioner had already been proceeded against ex parte on 04.10.2022, thus, the amendment was allowed. Subsequent to the same, vide order dated 02.05.2024, the application filed by the petitioner f...(Annexure P-8) would show that the application filed by the petitioner for setting aside ex-parte proceeding was allowed subsequent to the impugned order dated 04.07.2023 and it was specifically...) 1. Present revision petition has been filed under Article 227 of the Constitution of India seeking quashing/setting aside of the impugned order dated 04.07.2023...

...sub-rule (1) of Rule 12.9. From the aforesaid provisions, it is clear that the tribunal has to guide itself while setting aside ex parte proceeding taking....”11. In our opinion, it was obligatory on the tribunal to consider the provisions of Order IX, Rule 7 of Civil Procedure Code while setting aside the ex parte ...dilatoriness calculated merely to prolong the litigation.15. Section 22(2) of the Act of 1993 provides that while setting aside an order of ex parte the tribunal has the same powers as are vested in...