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Gujarat High Court Allows Appeal Against Ex-Parte Decree in Summary Suit for Recovery of Goods Price Due to Improper Service of Summons. Service of Summons in Prescribed Form Under Order 37 Rule 3 CPC is Mandatory and Failure to Serve Properly Renders Ex-Parte Decree Liable to Be Set Aside.

The case arises from a commercial dispute between the appellants (defendants) and the respondent (plaintiff) concerning the recovery of money for good...

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Bombay High Court Dismisses Petition Challenging Concurrent Findings on Service of Summons in Civil Suit — Petitioner Failed to Prove Lack of Service Under Order IX Rule 13 CPC.

The petitioner, Jasbirsingh Kohli, filed a writ petition challenging two orders: one by the Civil Judge, Junior Division, Kamptee dated 11.1.2017, and...

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Bombay High Court Allows Writ Petition in Specific Performance Suit — Ex-parte Decree Restored Due to Valid Service of Summons. Service by affixture at last known address under Order 5 Rule 20 CPC held valid despite bailiff's report of 'left premises'.

The petitioners, original plaintiffs, filed a suit for specific performance against the respondent/defendant based on an agreement dated 4th April 199...

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Bombay High Court Recalls Ex Parte Decree Due to Non-Compliance with Service Rules. Service of Summons Not in Accordance with Bombay High Court (Original Side) Rules, Leading to Recall of Decree Under Order IX Rule 13 CPC.

The case involves a Notice of Motion filed by Defendants Nos. 2 to 4 under Order IX Rule 13 of the Code of Civil Procedure, 1908 (CPC) to recall an ex...

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex Parte Decree in Money Suit — Service of Summons Valid Under Order 9 Rule 13 CPC. The court held that the defendant had knowledge of the suit and failed to show sufficient cause for non-appearance, upholding the ex parte decree.

The appellant, M/s. CliniRX Research Pvt. Ltd., was the original defendant in a money suit filed by the respondent, Bicare Limited, for recovery of mo...

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Bombay High Court Allows Revision Application in Hindu Marriage Act Case — Sets Aside Ex Parte Decree Due to Lack of Proper Service. Service by affixture without prior attempts at personal service is not sufficient compliance with Order 5 Rule 17 CPC.

The revision applicant, Kishore @ Sundar s/o Rupchand Gujar, filed a Hindu Marriage Petition No. 96 of 2007 seeking divorce from his wife, Archana w/o...

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Bombay High Court Allows Writ Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Summary Suit. Court holds that the trial court failed to consider that the defendant had a valid defence and that the ex-parte decree was passed without proper service of summons under Order 37 CPC.

The petitioners, Kishor Raghunath Pande and Vijaya Raghunath Pande, filed a writ petition under Article 227 of the Constitution of India challenging a...

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Bombay High Court Allows Writ Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Not Properly Served, Ex-Parte Decree Set Aside. Service of Summons Found Insufficient Under Order 9 Rule 13 CPC, Suit Restored for Fresh Adjudication.

The petitioner, Vijay Mohan Jagtap, filed a writ petition challenging two orders passed by the trial court in Regular Civil Suit No. 368/2007. The fir...

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Bombay High Court Strikes Down Gender-Discriminatory Amendment to CPC Service Rule. Bombay Amendment to Order V Rule 15 CPC Held Ultra Vires and Unconstitutional for Restricting Service to Adult Male Members Only.

The case arose from a Letters Patent Appeal where the appellant sought to serve notice on respondent no.5. The bailiff returned the notice unserved be...