Search Results for "Ex-parte Decree"

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Search Results for "Ex-parte Decree"

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High Court

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.

1 Jun 2026

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...

High Court

High Court of Karnataka Dismisses KSRTC's Revision Against Execution of Foreign Decree — Foreign Judgment Not Challenged on Merits, Execution Proceeding Valid Under Section 13 CPC. The court held that a foreign decree is conclusive unless set aside by the foreign court, and objections to its validity cannot be raised in execution proceedings.

14 Jul 2023

The Karnataka State Road Transport Corporation (KSRTC) filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) ch...

High Court

Bombay High Court Allows Writ Petition Challenging Execution of Preliminary Decree in Partition Suit — Execution of Preliminary Decree Without Final Decree Held Non Est. The court held that only a final decree is executable under Order 20 Rule 18 CPC, and execution of a preliminary decree is a nullity.

25 Jan 2022

The petitioners, who were defendants in a partition suit, filed a writ petition challenging orders passed by the Joint Civil Judge, Senior Division, S...

High Court

High Court of Karnataka Allows Appeal Filed by Defendants Against Decree Setting Aside Earlier Partition Decree on Grounds of Limitation and Failure to Plead Fraud. Suit for Setting Aside Decree on Fraud Allegations Dismissed as Time-Barred Under Article 123 of Limitation Act, 1963, and for Lack of Material Particulars of Fraud.

27 Nov 2019

The appeal arose from a suit for declaration and setting aside a preliminary decree passed in an earlier partition suit. The original suit had been fi...

High Court

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.

10 Jul 2018

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 ...

High Court

Bombay High Court Allows Husband to Amend Written Statement Based on Foreign Divorce Decree and Permits Withdrawal of Consent to Mutual Divorce. The Court held that amendment under Order 6 Rule 17 CPC is necessary for just adjudication and that consent under Section 13B of Hindu Marriage Act can be withdrawn unilaterally before decree.

22 Jan 2018

The petitioner-husband, Vishal Nitinkumar Kondhia, and the respondent-wife, Jahnvi Vishal Kondhia, were parties to matrimonial proceedings before the ...

High Court

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.

14 Nov 2017

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...

High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Sets Aside Concurrent Findings Due to Non-Joinder of Necessary Party and Improper Appreciation of Evidence. The court held that the suit for partition and separate possession was not maintainable without impleading the legal representatives of a deceased co-sharer, and that the appellate court failed to properly re-appreciate the evidence as required under Section 100 CPC.

4 Feb 2013

The appellant, Mohd. Munner, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree...

High Court

Bombay High Court Allows Appeal Against Exparte Decree in Suit for Recovery — Sets Aside Decree Due to Sufficient Cause for Non-Appearance. The court held that illness of a family member and advocate's inability to attend constitute sufficient cause under Order IX Rule 13 CPC, and procedural law must be liberally construed.

23 Sep 2010

The respondent, State Bank of India, filed Special Civil Suit No. 181 of 1992 against the appellants for recovery of dues. The appellants did not file...

High Court

Bombay High Court Dismisses Judgment Debtor's Objection to Execution of Decree Based on Jurisdictional Challenge Under Section 39(4) CPC. Court Holds That Section 39(4) CPC Does Not Bar Execution by the Court That Passed the Decree When the Property Is Situated Outside Its Local Limits.

20 Apr 2005

The present chamber summons arose out of a suit filed by ICICI Ltd, as Debenture Trustees, against Kothri Industrial Corporation Ltd and others for re...

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