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High Court of Karnataka Dismisses Writ Petition Challenging Order Setting Aside Ex Parte Decree in Loan Recovery Suit — Petitioner Failed to Show Sufficient Cause for Non-Appearance.

The petitioner, Siddappa Savadi, filed a suit (O.S. No. 175/1995) for recovery of a loan amount of Rs. 1,80,000 against the respondents. The suit was ...

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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 Upholds Remand Order in Partition Suit — Appellate Court Justified in Remanding Suit for Fresh Trial When Defendant Was Denied Opportunity to Lead Evidence. Order 41 Rule 23A CPC Allows Remand Where Trial Court Disposed of Suit Without Affording Proper Hearing.

The appellants (original plaintiffs) filed Special Civil Suit No. 135 of 1996 seeking partition and separate possession of suit property, and a declar...

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Bombay High Court Allows Revision Against Rejection of Application to Set Aside Ex Parte Decree in Summary Suit — Negligence of Counsel Constitutes Sufficient Cause Under Order IX Rule 13 CPC. The court set aside the ex parte decree and granted leave to defend subject to deposit of decretal amount.

The present civil revision application challenges the order dated 26.04.2016 passed by the 4th Joint Civil Judge, Senior Division, Nagpur in Summary C...

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High Court of Karnataka Dismisses Revision Petition Against Order Rejecting Application Under Order IX Rule 13 CPC as Not Maintainable — Application for Setting Aside Ex Parte Decree Filed Before Appellate Court Not Maintainable Under Order IX Rule 13 CPC

The petitioner was the sole defendant in O.S.111/06 filed by the respondent for recovery of Rs.1,48,500/- before the Senior Civil Judge, Muddebihal. T...

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Bombay High Court Allows Landlords' Writ Petition in Rent Control Eviction Case — Ex Parte Decree Restored. Tenant Failed to Show Sufficient Cause for Absence Under Order 9 Rule 13 CPC; Decree for Possession on Grounds of Default, Subletting, and Profiteering Under Bombay Rent Act Upheld.

The petitioners, landlords of the suit premises, filed a suit for possession against the tenant (respondent no.1) and alleged subtenants (respondent n...