Search Results for "setting aside ex-parte decree"

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Search Results for "setting aside ex-parte decree"

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Supreme Court

Supreme Court Dismisses Special Leave Petition Challenging High Court's Setting Aside of Ex Parte Decree in Specific Performance Suit. High Court's Intervention Under Article 227 Upheld as Ex Parte Decree Was Nullity Due to Non-Appointment of Guardian for Minor Defendant Under Order XXXII Rule 3 CPC, Despite Defendants' Negligence and Delay.

16 Jul 2021

The dispute originated from a suit for specific performance of a sale agreement, where the plaintiffs obtained an ex parte decree against the defendan...

High Court

Bombay High Court Allows Writ Petition, Restores Trial Court Order Rejecting Application Under Order 9 Rule 13 CPC. Decree Passed Under Order 8 Rule 10 CPC for Failure to File Written Statement Cannot Be Set Aside Under Order 9 Rule 13; Proper Remedy Is Appeal.

12 Mar 2015

The petitioner, Ashok Kundalrai Mohekar, was the owner of suit premises occupied by respondent Nos. 1 and 2 (National Textile Corporation Ltd.) as ten...

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...

Supreme Court

Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

9 Apr 2025

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

High Court

Bombay High Court Allows Petition in Execution Proceedings - Limited Inquiry Under Order 21 Rule 101 CPC. Executing Court Not Required to Conduct Full-Fledged Trial When Obstruction is Ex Facie Baseless; Summary Rejection Permissible.

22 Apr 2026

The Bombay High Court addressed the scope of inquiry to be conducted by an Executing Court under Order 21 Rule 101 of the Code of Civil Procedure, 190...

High Court

Bombay High Court Allows Condonation of Delay in Divorce Appeal Due to Alleged Fraud and Suppression of Ex-Parte Decree by Husband. The court found sufficient cause for delay of 5 years 144 days as the wife was unaware of the ex-parte divorce decree obtained allegedly by fraud and suppression.

20 Apr 2012

The appellant, Mrs. Regi Suresh Nair, filed a Civil Application for condonation of delay of 5 years and 144 days in filing an appeal against an ex-par...

High Court

Bombay High Court Dismisses Plaintiff's Claim for Short-Landed Cargo Due to Lack of Evidence and Limitation. The court held that the plaintiff failed to prove that the consignment was loaded on board the vessel and that the suit was barred by limitation under the Indian Carriage of Goods by Sea Act, 1925.

27 Sep 2013

The plaintiff, Wallace Pharmaceuticals Pvt. Ltd., filed a suit for recovery of US$154,000 representing the CIF value of 40 drums of Lincomycin HCL BP ...

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 Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings on Title and Adverse Possession. Court holds that dismissal of restitution application under Section 144(1) CPC does not bar a fresh suit for possession based on independent title.

11 Oct 2018

The case involves a property dispute over a house and land at Survey No. 123, Block No. 276, village Atyal, taluka Gadhinglaj. The respondents (origin...

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