Search Results for "order 9 rule 13"

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Search Results for "order 9 rule 13"

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High Court

High Court of Karnataka Dismisses Petition Challenging Trial Court Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance — Petitioner Failed to Show Sufficient Cause for Non-Appearance. The court held that the petitioner's explanation for non-appearance was not satisfactory and the application under Order 9 Rule 13 CPC was rightly dismissed.

13 Dec 2022

The present writ petition was filed by the legal representatives of the original plaintiff (since deceased) challenging the order dated 30.09.2016 pas...

High Court

High Court of Karnataka Allows Revision Petition in Probate Matter — Court Holds That Objector Has No Locus Standi to Challenge Probate Without Caveat or Prior Interest. Section 283 of Indian Succession Act, 1925 Requires Citation to All Persons Claiming Interest; Failure to File Caveat or Enter Caveat Precludes Right to Object.

18 Dec 2020

The case involves a civil revision petition filed by the petitioners (respondents in the lower court) against an order dated 10.03.2015 passed by the ...

High Court

Bombay High Court Allows Tenants' Petition to Set Aside Ex Parte Decree in Eviction Suit — Failure of Counsel to Appear Not to Prejudice Litigant's Rights Under Order 9 Rule 13 CPC. Tenants' Diligence and Sufficient Cause Established Despite Counsel's Negligence.

26 Aug 2019

The petitioners, Umar Abdul Majid Khan (original tenant) and Abdul Malik Shaikh (alleged sub-tenant), filed a writ petition challenging the orders of ...

High Court

Bombay High Court Allows Petition in Evidence Act Case — Bailiff's Report Held Public Document Under Section 74. Certified Copy Admissible Under Section 77, But Trial Court Must Give Opportunity to Rebut Contents.

31 Jan 2019

The petitioner, Sushilkumar Mandanlal Ganediwal, was the original defendant no.1 in a civil suit for declaration and possession filed in the Court of ...

High Court

Bombay High Court Allows Revision Application in Civil Suit Restoration Case — Trial Court Directed to Decide Suit on Merits After Setting Aside Ex Parte Decree. The High Court held that the District Court must consider the application under Order 9 Rule 13 CPC on its merits before setting aside an ex parte decree.

20 Jun 2006

The applicant, M/s Videocon International Ltd., had instituted a suit against the respondents, M/s Video Links & Ors., which was decreed ex parte on 1...

High Court

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.

24 Mar 2006

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

High Court

Bombay High Court Allows Appeal to Set Aside Ex-Parte Decree Due to Insufficient Service of Notice. Court holds that when notice is not properly served, the defendant has sufficient cause for non-appearance under Order 9 Rule 13 of CPC.

28 Feb 2005

The appeal arose from a judgment and order dated February 29, 1992, passed by the Learned Civil Judge, Senior Division, Raigad at Alibag in Miscellane...

High Court

Bombay High Court Allows Petition Under Article 227 Against Executing Court Order Setting Aside Ex-Parte Decree in Execution Proceedings. Executing Court Exceeded Jurisdiction by Reopening Decree Validity After It Had Become Final.

24 Feb 2005

The petitioner, Yashwant Yadav Mhase, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 29.1.2004 passed...

High Court

Bombay High Court Dismisses Insurance Company's Appeal Against Rejection of Application to Set Aside Ex-Parte Award in Motor Accident Claim. Order 9 Rule 13 CPC Not Applicable to Motor Accidents Claims Tribunal Under Section 169 of Motor Vehicles Act, 1988.

8 Feb 2005

The appellant, New India Assurance Co. Ltd., filed an appeal against an order of the Motor Accidents Claims Tribunal, Pune, dated 5th July 2004, which...

High Court

Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance — Held That Application Under Order 9 Rule 13 CPC Was Not Maintainable as the Decree Was Not Ex-Parte But on Merits After Written Statement Was Filed.

30 Nov -0001

The appellants, Jagdish Tukaram Mulik and others, filed an appeal against an order of the Civil Judge, Senior Division, Pune, dismissing their applica...

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