Search Results for "ex-parte"

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High Court

Bombay High Court Upholds Condonation of Delay in Setting Aside Ex-Parte Decree in Partition Suit — Liberal Approach Justified by Sufficient Cause and Prejudice Avoidance. The court held that the Trial Court's discretion to condone delay under Section 5 of the Limitation Act, 1963, read with Order IX Rule 13 CPC, was not perverse and did not warrant interference under Section 115 CPC.

18 Nov 2025

The case arises from a partition suit filed by Hiraman Nivrutti Tupe (Applicant No.1) against his father, mother, and brothers, including Ratan Nivrut...

High Court

High Court of Karnataka Sets Aside Ex Parte Temporary Injunction in Membership Dispute — Trial Court Failed to Record Satisfaction of Prima Facie Case, Balance of Convenience, and Irreparable Injury Under Order 39 Rules 1 and 2 CPC. The Court Remanded the Matter for Fresh Hearing After Finding That the Trial Court Did Not Comply With Order 39 Rule 3 CPC Requiring Reasons for Dispensing With Notice.

20 Dec 2024

The appellant, Bowring Institute, challenged an order dated 22.11.2024 passed by the 41st Additional City Civil and Sessions Judge, Bengaluru, in O.S....

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 ...

High Court

Bombay High Court Allows Wife's Appeal in Child Custody Case Due to Lack of Proper Service. Trial Court's Ex-Parte Order Handing Over Minor Daughter's Custody to Father Set Aside for Violation of Natural Justice.

7 Aug 2018

The appellant, Jayshri Gajendra Mahajan, wife of the respondent Gajendra Pandit Mahajan, filed an appeal against the judgment and order dated 16th Jun...

High Court

Court Dismisses Wife's Appeal Against Ex-Parte Divorce Decree. Appeal Rendered Infructuous Due to Husband's Lawful Remarriage Following Divorce Decree

20 Jul 2024

A second appeal filed by the appellant/wife against the decision of the learned District Judge-10, Aurangabad, who refused to condone a 166-day delay ...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex Parte Decree in Money Suit — Service of Summons Valid Under Order 9 Rule 13 CPC. The court held that the defendant had knowledge of the suit and failed to show sufficient cause for non-appearance, upholding the ex parte decree.

14 Nov 2017

The appellant, M/s. CliniRX Research Pvt. Ltd., was the original defendant in a money suit filed by the respondent, Bicare Limited, for recovery of mo...

High Court

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.

22 Jun 2005

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...

High Court

High Court Dismisses Writ Petition Under Article 227 Challenging Refusal of Ex-Parte Injunction in Civil Suit, Citing Availability of Appeal Under CPC. Petitioner's Challenge to Trial Court Order Fails Due to Alternative Statutory Remedy

22 Jan 2026

The petitioner filed a writ petition under Article 227 of the Constitution of India challenging an order dated 01.07.2022 by the Trial Court that refu...

High Court

Bombay High Court Allows Father to Prosecute Appeal in Matrimonial Dispute After Appellant Husband's Death — Right to Sue Not Abated Under Hindu Marriage Act. The Court held that the right to sue survives to legal representatives in matrimonial appeals, relying on Smt. Yallawwa v. Smt. Shuntavva, AIR 1997 SC 35, and permitted substitution of the father.

5 Oct 2011

This is an application filed by the father of the original appellant (husband) seeking permission to prosecute the appeal and to be brought on record ...

High Court

Bombay High Court Holds Summary Judgment Under UK Civil Procedure Rules Is a Judgment on Merits Executable in India Under Section 13 CPC. Foreign decree passed under Part 24 of UK CPR is considered a judgment on merits and is conclusive under Section 13 CPC, thus executable under Section 44A CPC.

17 Feb 2005

The present chamber summons was taken out by the judgment debtor (defendant no.3) seeking adjournment to raise attachment of a flat and dismissal of t...

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