Search Results for "service of summons"

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Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
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Search Results for "service of summons"

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High Court

High Court of Karnataka Allows Wife's Appeal in Divorce Case — Sets Aside Ex Parte Decree Due to Lack of Proper Service and Violation of Natural Justice. Marriage Solemnised on 24.02.2002; Husband Failed to Prove Cruelty or Desertion; Court Held That Ex Parte Proceedings Without Sufficient Service Are Invalid Under Hindu Marriage Act, 1955.

28 Apr 2026

The appellant-wife, Sudha, filed an appeal under Section 28 of the Hindu Marriage Act, 1955, challenging the ex parte divorce decree dated 05.12.2016 ...

High Court

Bombay High Court Dismisses Petitions Challenging Striking Off Written Statements in Commercial Suit — Time Limit of 120 Days Under Order VIII Rule 1 CPC and Section 16 of Commercial Courts Act, 2015 Is Mandatory and Cannot Be Extended.

28 Apr 2026

The judgment arises from two writ petitions filed by defendants in a commercial suit instituted by Tata Steel Ltd. (respondent) for recovery of amount...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Sets Aside Ex-Parte Decree Due to Invalid Service of Summons. Service by affixture without prior attempt at personal service held invalid under Order V Rule 17 CPC, and ex-parte decree set aside under Order IX Rule 13 CPC.

15 Nov 2025

The appellant, M/s Arjun Travels, a sole proprietorship concern, was the owner of a vehicle involved in a motor accident. The respondents, being the l...

High Court

Bombay High Court Sets Aside Ex Parte Custody Order Due to Lack of Proper Service and Remands Matter for Fresh Hearing. Guardian and Wards Act, 1890 — Sections 6, 7 — Custody of minor child — Ex parte order passed without ensuring effective service on respondent mother.

20 Aug 2014

The present appeal arises from a judgment and order dated 28.5.2013 passed by the Judge, Family Court No. 7, Bandra, Mumbai, in Petition No. D-75 of 2...

High Court

High Court of Bombay at Goa Allows Appeal Against Dismissal of Condonation of Delay Application in Ex-Parte Decree Setting Aside Case. Administrator's Failure to Inform Appellant Constitutes Sufficient Cause for Delay Under Section 5 of Limitation Act, 1963.

24 Jul 2014

The appellant, Communidade of Malcornem, filed an Appeal from Order No. 19 of 2014 in the High Court of Bombay at Goa, challenging an order passed by ...

High Court

Bombay High Court Dismisses Petition Challenging Refusal to Dismiss Suit Under Order IX Rule 5 CPC. Order IX Rule 5 CPC does not apply when summons were never issued to defendants, and the provision is directory, allowing court discretion to extend time for service.

8 Jul 2014

The petitioner, Sanjay Madanchand Kashyap, who was defendant no.1 in Special Civil Suit No.769 of 2012, filed a writ petition challenging the order da...

High Court

Bombay High Court Allows Petition to Set Aside Ex-Parte Decree in Recovery Suit — Respondents Show Sufficient Cause for Non-Appearance Under Order 9 Rule 13 CPC. Court holds that the trial court's rejection of application to set aside ex-parte decree was erroneous as the respondents were not duly served and had a valid defence.

5 May 2014

The petitioner, M/s Cosme Mathias Menezes Pvt. Ltd., filed a suit for recovery of money against M/s Naguesh Electronics, initially described as a prop...

High Court

Bombay High Court Allows Writ Petitions Challenging Ex-Parte Decree in Suit for Permanent Injunction — Failure to Serve Summons and Lack of Proper Address Renders Decree Nullity. The court held that an ex-parte decree passed without proper service of summons is a nullity and can be set aside in writ jurisdiction despite alternative remedy under Order 9 Rule 13 CPC.

23 Apr 2014

The petitioners, Narendra Pandurang Chatim and Vandana Narendra Chatim, filed two writ petitions (Writ Petition Nos. 61 and 62 of 2014) before the Bom...

High Court

Bombay High Court Allows Appeal in Recovery Suit Due to Lack of Proper Service of Summons and Non-Prosecution. Decree Set Aside as Defendant Was Not Given Opportunity to Defend.

11 Aug 2006

The appeal was filed against the judgment and order of the Civil Judge, Senior Division, Bicholim, decreeing the suit for recovery of Rs. 60,000 with ...

High Court

Bombay High Court Allows Appeal Against Exparte Decree in Shipping Dispute — Sets Aside Decree Due to Non-Service of Summons. Court holds that service of summons on defendant's employee at registered office is valid under Order 5 Rule 12 CPC, but failure to serve on defendant No.1 renders decree liable to be set aside.

31 Jul 2006

The case involves an appeal filed by the Shipping Corporation of India Ltd. (original defendant No.1) against an exparte decree dated 8th June 2006 pa...

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