Search Results for "ex parte decree"

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Search Results for "ex parte decree"

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High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Rejection of Delay Condonation for Filing Appeal Against Ex Parte Decree. Delay of Over 2 Years in Filing Regular Civil Appeal Not Sufficiently Explained, No Sufficient Cause Shown Under Section 5 of Limitation Act, 1963.

5 Nov 2019

The respondent (original plaintiff) filed Regular Civil Suit No. 140/1997 for specific performance of contract against the appellant (original defenda...

High Court

Bombay High Court Allows Tenants' Petition to Set Aside Ex Parte Decree in Eviction Suit — Failure of Counsel to Appear Not to Prejudice Litigant's Rights Under Order 9 Rule 13 CPC. Tenants' Diligence and Sufficient Cause Established Despite Counsel's Negligence.

26 Aug 2019

The petitioners, Umar Abdul Majid Khan (original tenant) and Abdul Malik Shaikh (alleged sub-tenant), filed a writ petition challenging the orders of ...

High Court

Bombay High Court Dismisses Tenant's Writ Petition Challenging Concurrent Findings on Ex Parte Decree. Tenant Failed to Establish Sufficient Cause for Non-Appearance Under Order IX Rule 13 CPC.

21 Jun 2019

The petitioner, Sakuma Finvest Pvt. Ltd., was the tenant of the respondent, Chemox Exports Imports Pvt. Ltd. The landlord filed RAE Suit No.1398/3081 ...

High Court

Bombay High Court Allows Petition in Evidence Act Case — Bailiff's Report Held Public Document Under Section 74. Certified Copy Admissible Under Section 77, But Trial Court Must Give Opportunity to Rebut Contents.

31 Jan 2019

The petitioner, Sushilkumar Mandanlal Ganediwal, was the original defendant no.1 in a civil suit for declaration and possession filed in the Court of ...

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

Bombay High Court Dismisses Appeal Against Rejection of Application to Set Aside Ex Parte Decree in Civil Suit — Appellants Failed to Show Sufficient Cause for Non-Appearance in Appeal. The court held that the burden of proving sufficient cause under Order XLI Rule 21 CPC was not discharged, as the explanation for non-appearance was vague and the bailiff report indicated proper service on an adult family member.

5 Mar 2013

The case arises from a civil suit (Regular Civil Suit No.47 of 2001) filed by the respondent (original plaintiff) against the appellants (original def...

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 Allows Landlord's Petition, Upholds Ex Parte Eviction Decree Against Tenant for Subletting. Tenant's Delay in Seeking to Set Aside Decree Not Condoned as Reliance on Advocate's Assurance Without Follow-Up Does Not Constitute Sufficient Cause Under Article 123 of Limitation Act, 1963.

7 Jun 2006

The petitioner, Smt. Taramati Bhagwandas Vithlani, is the owner of a chawl in Kurla, Mumbai. The first respondent was a tenant in Room No.238. The pet...

High Court

Bombay High Court Allows Second Appeal in Property Suit, Sets Aside Ex Parte Decree for Lack of Evidence Analysis. Court holds that an ex parte decree cannot be passed solely because affidavit evidence is unchallenged; the court must still analyze the evidence and apply the burden of proof under the Evidence Act.

24 Feb 2006

The appellant, Santa Monica Convent (Archdiocese of Goa and Daman), filed a second appeal against the judgment and decree of the District Court, Panaj...

High Court

Bombay High Court Allows Revision Against Rejection of Application to Set Aside Ex Parte Decree in Civil Suit for Possession — Order IX Rule 13 CPC Application Held Maintainable Despite Decree Under Order VIII Rule 5(2) or Rule 10. The Court held that an application under Order IX Rule 13 CPC is maintainable to set aside an ex parte decree passed under Order VIII Rule 5(2) or Rule 10 CPC, as the decree is still ex parte and the defendant can show sufficient cause for non-appearance.

10 Aug 2005

The case arises from Regular Civil Suit No.52 of 1992 filed by the respondent (plaintiff) against the petitioners (defendants) for possession of suit ...

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