Search Results for "setting aside exparte decree"

203 result(s) found

Scroll Down To Discover

Found 203 result(s)

© Image Copyrights Juris Services & Technology

High Court of Judicature at Bombay Examines Challenge to Order Setting Aside Ex-Parte Decree in Rent Suit. Issue Concerning Classification of Decree Under Order 9 Rule 6 or Order 8 Rule 5 CPC Remains Unresolved in Incomplete Judgment.

The writ petition under Article 227 of the Constitution challenged an order of the Small Causes Court, Bombay, which had set aside an ex-parte decree ...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Dismisses Revision Petition Against Family Court Order Setting Aside Exparte Divorce Decree. Order IX Rule 13 CPC Held Applicable to Family Courts Despite Section 19 of Family Courts Act.

The petitioner-husband, Eknath, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging an order date...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Landlord's Revision Against Setting Aside of Exparte Decree in Rent Control Case. Tenant's Application Under Order 9 Rule 13 CPC Allowed Due to Improper Service of Summons.

The case involves a civil revision application filed by the landlord, Shailesh Sudhir Joglekar, against the judgment and order dated 26th February 199...

© Image Copyrights Juris Services & Technology

Madras High Court Allows Condonation of 70-Day Delay in Setting Aside Exparte Decree — Liberal Approach to Delay Condonation. Petitioner's Ill-Health and Death of Plaintiff Constitute Sufficient Cause Under Section 5 of Limitation Act, 1963.

The Civil Revision Petition was filed by Kumaran, the defendant in O.S.No.129/2016 on the file of the District Munsif Court, Sholinghur. The responden...

© Image Copyrights Juris Services & Technology

Supreme Court Rules that Setting Aside Ex Parte Decree Means Fresh Decree is Decree of First Instance for Pre-emption Rights. Pre-emptor's Right Must Exist on Date of Fresh Decree Under Section 15, Punjab Pre-emption Act, 1913.

The case arose from a suit for possession based on the right of pre-emption under the Punjab Pre-emption Act, 1913. The appellant, Vijay Singh, a cosh...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Appeal Against Dismissal of Application to Set Aside Ex-Parte Decree — Decree Set Aside on Condition of Costs. Ex-parte decree set aside as defendant had sufficient cause for absence and application was maintainable under Order IX Rule 13 CPC.

The appellant, original defendant No.2, suffered an ex-parte decree dated 12.11.2003 for want of filing a written statement. He filed a notice of moti...

© Image Copyrights Juris Services & Technology

Madras High Court Modifies Onerous Cost Condition for Setting Aside Exparte Order in Execution Proceedings — Cost Reduced from Rs.2,00,000 to Rs.25,000. Courts must not impose excessive costs without special circumstances, especially when decree holder has no objection.

The petitioners, Baskaran and Thamaraiselvi, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging a doc...