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High Court of Karnataka Quashes Ex Parte Decree in Partition Suit Due to Procedural Irregularities in Service of Summons. Failure to Affix Summons on Court Building and Lack of Proper Service Affidavit Renders Ex Parte Decree Unsustainable Under Order V Rule 17 and Order IX Rule 6 CPC.

The case involves two writ petitions filed under Article 227 of the Constitution of India challenging an ex parte decree passed in a partition suit (O...

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High Court of Karnataka Quashes Ex Parte Decree in Partition Suit Due to Procedural Irregularities and Lack of Proper Service of Summons. Court Sets Aside Judgment and Decree Passed Without Affording Opportunity to Defendants, Remands Matter for Fresh Consideration.

The case involves two writ petitions filed under Article 227 of the Constitution of India challenging an ex parte judgment and decree dated 30.09.2023...

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Supreme Court Allows Appeal in Specific Performance Suit, Sets Aside Ex Parte Decree Subject to Conditions. Litigation Should Be Adjudicated on Merits, Not Terminated by Default Under Order 9 Rule 13 CPC.

The appeal arose from a suit for specific performance and mandatory injunction filed by the respondent (plaintiff) against the appellant (defendant). ...

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Supreme Court Sets Aside High Court Order Passed Without Hearing Second Wife in Matrimonial Dispute. The Court Remands Case for Fresh Adjudication After Impleading Necessary Party, Emphasizing Natural Justice.

The dispute arose from a matrimonial suit between respondent No.1 (husband) and respondent No.2 (first wife). The Family Court passed an ex parte decr...

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Bombay High Court Allows Appeal in Summary Suit Case Due to Non-Service of Summons. Ex Parte Decree Set Aside as Trial Court Erred in Treating Application Under Order 37 Rule 4 CPC as Review.

The appellant, M/s. Shakti Bioscience Ltd., filed an appeal against an ex parte judgment and decree dated 04.11.2015 passed by the City Civil Court, M...