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High Court of Karnataka Dismisses Appeal in Specific Performance Case — Ex-parte Decree Set Aside Due to Improper Service of Summons. First Appellate Court's Order Restored as Trial Court Failed to Comply with Order V Rule 17 CPC.

The appellant/plaintiff filed a suit for specific performance of contract (O.S.No.126/2007) alleging that the respondent/defendant executed an agreeme...

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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.

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

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Bombay High Court Allows Writ Petition, Quashes Trial Court Order Dismissing Suit for Non-Prosecution in Electricity Recovery Case. Failure to Consider Pending Application for Service by Paper Publication Renders Order Unsustainable.

The Maharashtra State Electricity Distribution Company Limited filed a suit for recovery of Rs.3,52,705.29 towards electricity bills from December 200...

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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.

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

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Bombay High Court Dismisses Landlord's Revision Against Setting Aside of Exparte Decree in Rent Control Case. Tenant's Application Under Order 9 Rule 13 CPC Allowed Due to Improper Service of Summons.

The case involves a civil revision application filed by the landlord, Shailesh Sudhir Joglekar, against the judgment and order dated 26th February 199...

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Bombay High Court Allows Appeal in Summary Suit Due to Defective Summons — Form 4 Instead of Form 4-A Under Order XXXVII CPC Renders Service Invalid. The court held that the summons must strictly comply with the prescribed form and failure to do so vitiates the service and the consequent decree.

The appellant, Ramesh Shende, was the defendant in a summary suit filed by the respondent, Narayan Wakodikar, under Order XXXVII of the Code of Civil ...

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Bombay High Court Dismisses Husband's Revision Against Ex Parte Maintenance Order Under Section 125 CrPC. Service by Refusal of Registered Post Constitutes Sufficient Service Under Section 27 of General Clauses Act, 1897.

The case involves a criminal revision application filed by the husband, Vijay Bhairavnath Joshi, against the order of the Family Court dismissing his ...

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Bombay High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Non-Service of Summons for Judgment. Defendants Granted Unconditional Leave to Defend as They Had Disclosed a Defence in Earlier Affidavit.

The plaintiff filed a summary suit against the defendants for recovery of a loan. The defendants filed an affidavit in reply to an attachment before j...

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Specific Performance Suit — Appellants Failed to Show Sufficient Cause for Non-Appearance Despite Service of Summons.

The case arises from a suit for specific performance of a contract filed by the respondent/plaintiff against the appellants/defendants. The trial cour...