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Bombay High Court Allows Second Appeal in Property Suit Due to Procedural Irregularity — Trial Court Failed to Issue Notice to Party After Lawyer's Discharge. Substantial Question of Law Arises Under Section 100 CPC When Court Proceeds Ex Parte Without Ensuring Party's Knowledge of Proceedings.

The case involves a second appeal arising from a civil suit where the original defendant (now deceased, represented by legal heirs) was the appellant....

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Bombay High Court Allows Appeal Against Rejection of Application to Set Aside Ex Parte Decree — Remands for Fresh Consideration on Merits. Trial Court's Failure to Consider Sufficient Cause Under Order IX Rule 13 CPC Constitutes Failure to Exercise Jurisdiction.

The appeal arises from an order dated 15 November 2021 passed by the City Civil Court, Bombay, rejecting Notice of Motion No.3946 of 2019 filed by the...

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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...

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High Court of Karnataka Allows Appeal Against Setting Aside of Ex Parte Decree in Gift Deed Cancellation Suit. Order IX Rule 13 CPC Petition Filed Beyond Limitation Without Sufficient Cause Cannot Be Entertained.

The appellant, B.A. Viswanath, filed a suit (O.S.2699/2004) against the respondent, Smt. Govindamma, seeking declaration and cancellation of a gift de...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Rejection of Plaint and Decree on Counterclaim. Court holds that rejection of plaint under Order VII Rule 11 CPC does not require notice to plaintiff and that counterclaim can be decreed ex parte if plaintiff fails to appear.

The appellants, Smt. Vijaya Wd/o Vijay Vitthalani and her minor children, filed a suit for specific performance of contract and injunction against the...

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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 ...