Search Results for "Ex-Parte"

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High Court of Bombay at Aurangabad Allows Appeals From Order, Restores Dismissal of Civil Suits as Barred by Res Judicata. The Court Holds That Ex-Parte Decree in Earlier Suit Over Same Land Operates as Res Judicata Under Section 11 CPC Against Plaintiffs Who Were Parties to Former Suit.

The appeals arose from a common judgment of the District Judge, Udgir, which had allowed the plaintiffs’ appeals against the dismissal of their suit...

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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 ...

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High Court of Karnataka Allows Appeal Against Setting Aside of Exparte Winding Up Order — Directors Failed to Show Sufficient Cause for Non-Appearance. Service of Notice at Registered Office Deemed Sufficient Under Section 433(e) of Companies Act, 1956.

The case involves an appeal filed by M/s Shah Polymers, a partnership firm, against an order of the Company Court dated 4.12.2014 that set aside an ex...

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Bombay High Court Dismisses Appeal in Probate Case, Upholds Setting Aside of Ex Parte Decree Dismissing Caveat Due to Non-Service of Citation. The court held that the son of the testator was not served with citation, and the ex parte decree was rightly set aside subject to payment of costs.

The appellant, R.V. Bhasin, filed a probate petition (Petition No. 4 of 2003) in the Bombay High Court seeking probate of the Will and Codicil of his ...

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Bombay High Court Allows Landlord's Petition in Landlord-Tenant Dispute — Substituted Service Upheld Under Order 5 Rule 20 CPC. Exparte Decree Restored as Tenant Failed to Show Sufficient Cause for Non-Appearance.

The case involves a landlord-tenant dispute over a room in Mumbai. The original petitioner (landlord) filed a suit for possession against the original...

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Bombay High Court Allows Revision Against Ex Parte Order Setting Aside Process in Criminal Complaint. Court Remands Matter to Sessions Judge for Fresh Hearing on Merits After Finding Violation of Natural Justice.

The case arises from a criminal complaint filed by Smt. Sushilabai Shaligram Arbat (the applicant) against respondents Sau. Lata Shankarrao Arbat and ...

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High Court of Karnataka Allows Wife's Appeal Against Ex Parte Divorce Decree for Lack of Proper Service. Family Court's Finding of Sufficient Service Based on 'Refused' Endorsement Set Aside as Notice Was Not Properly Addressed.

The appellant-wife married the respondent-husband on 10.7.2005 and they have a male child. On 26.3.2012, the husband filed a petition under Section 13...