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High Court of Judicature at Bombay Examines Challenge to Order Setting Aside Ex-Parte Decree in Rent Suit. Issue Concerning Classification of Decree Under Order 9 Rule 6 or Order 8 Rule 5 CPC Remains Unresolved in Incomplete Judgment.

The writ petition under Article 227 of the Constitution challenged an order of the Small Causes Court, Bombay, which had set aside an ex-parte decree ...

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High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Recovery Suit — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree.

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...

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Bombay High Court Dismisses Application to Bring Legal Heirs on Record After 24-Year Delay in Specific Performance Suit. Condonation of Delay Refused as Plaintiff's Mistaken Belief Does Not Constitute Sufficient Cause Under Order 22 Rule 9 CPC.

The case involves a Chamber Summons taken out by the plaintiff (Sunil Gupta) in a suit filed in 1989 for specific performance of an agreement dated 15...

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Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

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Bombay High Court Allows Summary Judgment for Recovery of Security Deposit in Leave and Licence Dispute. Court holds that unconditional leave to defend cannot be granted when defendant fails to raise triable issues and admits liability in correspondence.

The plaintiff, Sanjog Sadanand Parab, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendants, B.P. Ghard...

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High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Suit for Recovery of Money — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree.

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...