Search Results for "setting aside exparte decree"

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Search Results for "setting aside exparte decree"

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High Court

High Court of Karnataka Quashes Order Setting Aside Ex-Parte Decree in Injunction Suit — Petitioner/Plaintiff Succeeds in Restoring Ex-Parte Decree. Trial Court's Order Allowing Restoration Under Order IX Rule 13 CPC Set Aside Due to Lack of Sufficient Cause for Non-Appearance.

14 Dec 2017

The petitioner, Nagireddy, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 09.10.2017 passed by the 31...

High Court

Bombay High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Non-Service of Summons for Judgment on Defendants' Advocate. Service on Defendants directly without prior attempt on advocate held insufficient under Order XXXVII CPC.

17 Dec 2014

The petitioners, original defendants in Summary Suit No.4914 of 2012, challenged the order dated 08.07.2013 passed by the City Civil Court, Mumbai, di...

Supreme Court

Supreme Court Allows Appeal and Restores Possession Based on Setting Aside of Ex Parte Decree — Suppression of Material Facts Leads to Quashing of Demarcation and Contempt Orders

15 Apr 2019

The Supreme Court allowed the appeals filed by Om Prakash Ram against the State of Bihar and others, setting aside the orders of the Patna High Court ...

High Court

Bombay High Court Allows Writ Petition Challenging Execution of Preliminary Decree in Partition Suit — Execution of Preliminary Decree Without Final Decree Held Non Est. The court held that only a final decree is executable under Order 20 Rule 18 CPC, and execution of a preliminary decree is a nullity.

25 Jan 2022

The petitioners, who were defendants in a partition suit, filed a writ petition challenging orders passed by the Joint Civil Judge, Senior Division, S...

Supreme Court

Supreme Court Partly Allows Appeal in Specific Performance Suit — Distinguishes Between Condonation of Delay and Setting Aside Ex-Parte Decree. High Court Exceeded Jurisdiction by Setting Aside Ex-Parte Decree When Only Revision Against Condonation Order Was Filed.

4 Mar 2025

The case arises from a suit for specific performance of an agreement for sale filed by the appellants (plaintiffs) against the respondents (defendants...

High Court

Bombay High Court Allows Petition, Sets Aside Order 9 Rule 13 CPC Restoration in Specific Performance Suit. Defendant Failed to Show Sufficient Cause for Non-Appearance Despite Knowledge of Proceedings.

18 Sep 2012

The petitioner, Hemant Ganeshprasad Jaiswal, filed a suit for specific performance of an agreement for sale dated 6.2.2006 against the respondent, Mur...

High Court

High Court of Karnataka Quashes Order Reducing Share in Final Decree Proceedings — Trial Court Exceeded Jurisdiction by Modifying Preliminary Decree in FDP Without Appeal. Modification of shares in final decree proceedings without appeal against preliminary decree is without jurisdiction under Section 151 CPC.

28 Sep 2015

The petitioner, Smt. Cheekanda Pushparatna Chengappa, filed a suit (O.S.No.26/2010) for partition against the respondents, which was decreed on 01.10....

High Court

Bombay High Court Sets Aside Ex Parte Decree in Summary Suit Due to Lack of Proper Service of Summons. Delay of 164 Days Condoned as Defendant Demonstrated Good Cause for Non-Appearance Under Order XXXVII of CPC, 1908.

15 Jul 2013

The plaintiff, Fountainhead Promotions & Events Pvt Ltd, filed a Summary Suit No. 874 of 2010 against the defendant, Gitanjali Lifestyle Limited, clai...

High Court

High Court of Karnataka Allows Appeal Against Setting Aside of Ex Parte Decree in Gift Deed Cancellation Suit. Order IX Rule 13 CPC Petition Filed Beyond Limitation Without Sufficient Cause Cannot Be Entertained.

18 Dec 2013

The appellant, B.A. Viswanath, filed a suit (O.S.2699/2004) against the respondent, Smt. Govindamma, seeking declaration and cancellation of a gift de...

High Court

Bombay High Court Dismisses Appeal in Probate Case, Upholds Setting Aside of Ex Parte Decree Dismissing Caveat Due to Non-Service of Citation. The court held that the son of the testator was not served with citation, and the ex parte decree was rightly set aside subject to payment of costs.

12 Jan 2010

The appellant, R.V. Bhasin, filed a probate petition (Petition No. 4 of 2003) in the Bombay High Court seeking probate of the Will and Codicil of his ...

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