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Gujarat High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Lack of Proper Service of Summons. Remands Matter for Fresh Hearing After Finding Bailiff Report Indicated Summons Returned Unserved.

The present First Appeal was filed by the original defendants challenging the judgment and decree dated 30.7.2004 passed by the learned Chamber Judge,...

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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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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...

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Bombay High Court Upholds Condonation of 959 Days Delay in Filing Appeal Against Ex-Parte Decree — Sufficient Cause Shown by Defendant's Non-Service. Order VI Rule 14A CPC Requires Registered Address; Absence Thereof Justifies Delay.

The case involves a civil revision application filed by the original plaintiffs challenging the order of the lower appellate court dated 07.11.2015, w...

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Bombay High Court Allows Appeal by Judgment-Debtor in Electricity Dues Recovery Suit Due to Lack of Service of Summons. Decree Set Aside as Appellant Was Not Served Summons and Had No Opportunity to Defend, Violating Principles of Natural Justice.

The appellant, Shashikant s/o Eknath Choudhari, filed a first appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment a...

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Bombay High Court Allows Appeal by Judgment-Debtor in Electricity Dues Recovery Suit Due to Lack of Service of Summons. Decree Set Aside as Appellant Was Not Served Summons and Had No Opportunity to Defend, Violating Principles of Natural Justice.

The appellant, Shashikant s/o Eknath Choudhari, filed a first appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment a...

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Bombay High Court Sets Aside Ex Parte Divorce Decree for Lack of Proper Service of Summons in Hindu Marriage Act Case. Service of summons must be at correct address and refusal must be properly proved; ex parte decree without proper service is a nullity.

The appellant, Deepali Pratap Sonawane, the wife, challenged the judgment and decree dated 10th February 2012 passed by the Family Court, Aurangabad i...

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Bombay High Court Grants Ex Parte Decree in Summary Suit for Recovery of Liquidated Sum Under Written Contract. Plaintiff Entitled to Decree Under Order XXXVII Rule 2(3) CPC as Defendant Failed to Appear Despite Service.

The plaintiff, M/s. NRP Entertainment & Network Pvt. Ltd., filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the d...