Search Results for "ex parte decree"

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Search Results for "ex parte decree"

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Supreme Court

Supreme Court Reverses Remand Order and Upholds Ex Parte Decree in Tenancy Suit Due to Unsubstantiated Fraud Allegations and Inordinate Delay. The Court found that the defendant had opportunity to defend, delay of 31 years was unjustified, and failure to produce sale deed warranted adverse inference under the Indian Evidence Act, 1872.

10 Apr 2026

The dispute originated from a suit filed under Section 88 of the Rajasthan Tenancy Act, 1955, by the appellant's mother on behalf of her minor son, se...

Supreme Court

Supreme Court Allows Application Under Order IX Rule XIII CPC to Set Aside Ex Parte Succession Certificate Due to Minor's Incapacity and Material Suppression. The Court held that a minor cannot be expected to respond to public notice or initiate proceedings independently, and material discrepancies in the application under Section 372 of Indian Succession Act, 1925 justified revocation under Section 383.

1 Apr 2026

The dispute originated from an application filed by respondents under Section 372 of the Indian Succession Act, 1925, seeking succession certificate f...

Supreme Court

Supreme Court Dismisses Appeals in Land Title Dispute Against Union of India. The Court upheld the High Court's rejection of additional evidence under Order XLI Rule 27 CPC and affirmed that adverse possession cannot be perfected against the State/Union, with an ex parte decree not binding on non-parties.

9 Mar 2026

The appeals arose from a land title dispute concerning Survey No. 2029 in Gwalior, where the appellants sought declaration of title and permanent inju...

Supreme Court

Supreme Court Allows Legal Representatives' Appeal in Provincial Small Cause Courts Act Case Due to Subsequent Deposit of Damages. Application Under Order IX Rule 13 CPC for Setting Aside Ex Parte Decree Maintainable After Full Compliance with Section 17 of Provincial Small Cause Courts Act, 1887 Regarding Deposit of Arrears, Costs, and Damages.

2 Feb 2023

The appeal arose from a civil suit for recovery of arrears of rent and ejectment filed by the respondent as owner against the defendant, who was a ten...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Over Ex Parte Decree and Demolition Order, Remands for Fresh Adjudication. The court held that a defendant appealing under Section 96 of the Code of Civil Procedure, 1908, without filing an application under Order IX Rule 13, can challenge the ex parte decree on grounds of improper service of summons or illegality of ex parte proceedings based on the suit record, as per Section 105.

6 Sep 2022

The dispute arose from a civil suit filed by the first respondent-plaintiff in the City Civil Court at Bangalore, seeking a declaration of ownership o...

Supreme Court

Supreme Court Quashes High Court Order in Civil Appeal Due to Procedural Error in Remand and Directs First Appellate Court to Decide Delay Condonation and Merits. High Court Erroneously Set Aside Trial Court's Ex Parte Decree While Hearing Second Appeal Against Dismissal on Limitation Grounds, Contrary to Code of Civil Procedure, 1908, Section 96 and Appellate Procedure.

18 Jan 2022

The dispute originated from a suit for declaration and possession filed by the appellants (original plaintiffs) against the respondent (original defen...

Supreme Court

Supreme Court Allows Appellant in Civil Appeal Against High Court's Interference Under Article 227 Constitution of India - High Court's order setting aside trial court's decision to set aside ex parte decree was quashed as unjustified interference in discretionary order under Order IX Rule 13 CPC.

11 Jan 2022

The dispute arose from a civil suit for recovery of money filed by the respondent against the appellant. The appellant contested the suit, but during ...

Supreme Court

Supreme Court Dismisses Special Leave Petition Challenging High Court's Setting Aside of Ex Parte Decree in Specific Performance Suit. High Court's Intervention Under Article 227 Upheld as Ex Parte Decree Was Nullity Due to Non-Appointment of Guardian for Minor Defendant Under Order XXXII Rule 3 CPC, Despite Defendants' Negligence and Delay.

16 Jul 2021

The dispute originated from a suit for specific performance of a sale agreement, where the plaintiffs obtained an ex parte decree against the defendan...

Supreme Court

Supreme Court Allows Appeal and Restores Possession Based on Setting Aside of Ex Parte Decree — Suppression of Material Facts Leads to Quashing of Demarcation and Contempt Orders

15 Apr 2019

The Supreme Court allowed the appeals filed by Om Prakash Ram against the State of Bihar and others, setting aside the orders of the Patna High Court ...

Supreme Court

Supreme Court Upholds Setting Aside of Ex Parte Preliminary Decree in Redemption Suit — Order 9 Rule 13 CPC Maintainable. The court held that a decree passed after defendants were proceeded ex parte under Order 9 Rule 6(1)(a) and the court proceeded under Order 17 Rule 2 (Explanation) is an ex parte decree amenable to Order 9 Rule 13 CPC.

1 Feb 2019

The original appellant, G. Ratna Raj (since deceased, represented by legal representatives), filed a civil suit (C.S. No. 131/1999) in the High Court ...

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