Search Results for "setting aside exparte decree"

203 result(s) found

Scroll Down To Discover

Found 203 result(s)

© Image Copyrights Juris Services & Technology

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...

© Image Copyrights Juris Services & Technology

Madras High Court Allows Writ of Mandamus for Patta Issuance Based on Civil Court Decree — Ex Parte Decree Not Set Aside Attains Finality, Respondents Directed to Consider Representation Within Six Weeks.

The petitioner, B. Ganesan, a senior citizen aged about 74 years, filed a writ petition under Article 226 of the Constitution of India seeking a writ ...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Allows Husband's Appeal in Divorce Case on Ground of Desertion — Sets Aside Trial Court's Dismissal of Petition. Marriage Dissolved Under Section 13(1)(ib) of Hindu Marriage Act, 1955 as Wife's Absence for Over 7 Years Constitutes Desertion.

The appellant, Bhimrao S/o Namdev Savnt, filed a petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955, seeking dissolution of his marriage...

© Image Copyrights Juris Services & Technology

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...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Wife's Second Appeal Against Refusal to Condon Delay in Challenging Divorce Decree — Remarriage of Husband After Expiry of Limitation Period Renders Appeal Infructuous Under Section 15 of Hindu Marriage Act, 1955.

The present second appeal was filed by the appellant/wife against the judgment and order dated 15/09/2021 passed by the learned District Judge-10, Aur...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Revision Against Condonation of 764 Days Delay in Filing Appeal Against Ex-Parte Decree. Defendant's Lack of Knowledge of Suit Proceedings Held Sufficient Cause Under Section 5 of Limitation Act, 1963.

The case arises from a civil revision application filed by the defendant (Nasirkhan Shamsher Khan) challenging the order of the lower appellate court ...

© Image Copyrights Juris Services & Technology

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.

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...

© Image Copyrights Juris Services & Technology

Madras High Court Allows Husband's Appeal and Grants Divorce Decree Under Section 13(1A)(ii) Hindu Marriage Act Due to Wife's Failure to Enforce Restitution Decree. Trial Court Erred in Holding Fresh Petition Not Maintainable and in Treating Police Complaint as Enforcement Step.

The marriage between the appellant (husband) and the respondent (wife) was solemnized on 2 February 2009 according to Hindu rites and customs. They li...