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Madras High Court Allows Condonation of 70-Day Delay in Setting Aside Exparte Decree — Liberal Approach to Delay Condonation. Petitioner's Ill-Health and Death of Plaintiff Constitute Sufficient Cause Under Section 5 of Limitation Act, 1963.

The Civil Revision Petition was filed by Kumaran, the defendant in O.S.No.129/2016 on the file of the District Munsif Court, Sholinghur. The responden...

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Supreme Court Reverses High Court Order Condoning 1312-Day Delay in Setting Aside Exparte Decree for Specific Performance. Delay Not Explained and Application Found to be an Afterthought.

The case arises from a suit for specific performance of a sale agreement executed in 2013. The plaintiff (appellant) agreed to purchase property joint...

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Bombay High Court Dismisses Petitioner's Challenge to Rejection of Condonation of Delay in Filing First Appeal Against Exparte Decree. Delay of 30 months and 14 days not sufficiently explained; fraud allegation not substantiated.

The Petitioner, Shamrao Piraji Kadam, filed a Writ Petition challenging the Judgment and Order dated 20.07.2021 passed by the learned District Judge-6...

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High Court of Bombay Sets Aside Exparte Divorce Decree Due to Non-Compliance with Summons Service Rules. Family Court Failed to Require Affidavit of Bailiff or Examine Him as Mandated by Rule 19 of Family Court Rules, 1988 and Order V Rules 17, 19 of Code of Civil Procedure, 1908.

This is an appeal filed by the husband against an exparte decree of dissolution of marriage granted by the Family Court, Aurangabad on the grounds of ...

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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 Dismisses Petition Challenging Ex-Parte Arbitral Award in Loan Recovery Dispute. Court holds that non-participation in arbitration despite notice and failure to prove fraud or bias does not warrant setting aside award under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, The Loot (India) Pvt. Ltd. and its directors, were borrowers and guarantors who had taken a loan from Reliance Capital Limited (the f...