Search Results for "setting aside exparte decree"

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Search Results for "setting aside exparte decree"

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High Court

Bombay High Court Allows Civil Revision Application Filed by Original Plaintiff Against Order Setting Aside Ex-Parte Decree — Defendant Failed to Show Sufficient Cause for Absence. Litigant Must Inform Court or Advocate of Change of Address and Cannot Blame Advocate for Non-Appearance.

27 Feb 2018

This civil revision application under Section 115 of the Code of Civil Procedure, 1908 arose from an order of the City Civil Court, Greater Mumbai, wh...

High Court

Bombay High Court Upholds Condonation of Delay in Setting Aside Ex-Parte Decree in Partition Suit — Liberal Approach Justified by Sufficient Cause and Prejudice Avoidance. The court held that the Trial Court's discretion to condone delay under Section 5 of the Limitation Act, 1963, read with Order IX Rule 13 CPC, was not perverse and did not warrant interference under Section 115 CPC.

18 Nov 2025

The case arises from a partition suit filed by Hiraman Nivrutti Tupe (Applicant No.1) against his father, mother, and brothers, including Ratan Nivrut...

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 Restoration of Suit Under Order 9 Rule 13 CPC Due to Sufficient Cause for Non-Appearance — Counsel's Engagement in Another Court Constitutes Sufficient Cause. The court set aside the ex-parte decree and restored the suit, holding that the trial court took a hypertechnical view and that procedural laws should be liberally construed.

13 Oct 2010

The Civil Revision Application was filed by Shri Bhimrao Pundalik Bhalerao (applicant) challenging the order dated 3rd December 2001 passed by the Civ...

High Court

Bombay High Court Allows Appeal Against Rejection of Application to Set Aside Ex Parte Decree — Remands for Fresh Consideration on Merits. Trial Court's Failure to Consider Sufficient Cause Under Order IX Rule 13 CPC Constitutes Failure to Exercise Jurisdiction.

1 Sep 2023

The appeal arises from an order dated 15 November 2021 passed by the City Civil Court, Bombay, rejecting Notice of Motion No.3946 of 2019 filed by the...

High Court

Bombay High Court Extends Time for Payment Under Section 148 CPC Despite Plaintiff's Objection in Consent Decree Default Case. Court holds that Section 148 CPC empowers the court to extend time for payment in a consent decree for reasonable cause, even without the consent of the decree-holder.

30 Aug 2016

The case arises from a Notice of Motion filed by the Defendants (Applicants) to set aside an ex parte decree dated 19 December 2012 in Summary Suit No...

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 Condonation of Delay Application in Specific Performance Appeal — Limitation Period Not Extended by Pendency of Other Proceedings. The court held that the time spent in pursuing an application under Order IX Rule 13 CPC for setting aside an ex parte decree cannot be excluded for computing limitation for filing an appeal under Section 96 CPC against the original decree.

22 Dec 2018

The applicant, original defendant in a suit for specific performance of a Memorandum of Understanding dated 26-10-2007, faced an ex parte decree on 08...

High Court

Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

6 Jun 2011

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...

High Court

Madras High Court Dismisses Revision Against Execution of Ex-Parte Decree in Money Suit — Procedural Compliance Under Order 21 Rule 11[A] CPC Upheld. Execution Petition Filed with Proper Affidavit of Assets and Within Limitation, No Ground to Dismiss EP.

1 Jun 2026

The case involves a Civil Revision Petition filed by A.S. Jahangir (petitioner) challenging the order dated 30.01.2026 in EA No.3/2025 in EP No.688/20...

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