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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...

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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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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Recall Witness Under Order 18 Rule 17 CPC. Trial Court's Discretion Upheld as No Error or Perversity Found in Refusing Recall After Plaintiff Closed Evidence and Defendant's Evidence Was in Progress.

The petitioner, as plaintiff, filed a suit for recovery of money against the respondent in O.S.No.563/2010 before the Principal Civil Judge (Sr.Dn.) &...

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Bombay High Court Allows Appeal in Motor Accident Claim — Sets Aside Ex-Parte Decree Due to Invalid Service of Summons. Service by affixture without prior attempt at personal service held invalid under Order V Rule 17 CPC, and ex-parte decree set aside under Order IX Rule 13 CPC.

The appellant, M/s Arjun Travels, a sole proprietorship concern, was the owner of a vehicle involved in a motor accident. The respondents, being the l...

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Bombay High Court Allows Writ Petition in Specific Performance Suit — Ex-parte Decree Restored Due to Valid Service of Summons. Service by affixture at last known address under Order 5 Rule 20 CPC held valid despite bailiff's report of 'left premises'.

The petitioners, original plaintiffs, filed a suit for specific performance against the respondent/defendant based on an agreement dated 4th April 199...

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Bombay High Court Allows Revision Application in Hindu Marriage Act Case — Sets Aside Ex Parte Decree Due to Lack of Proper Service. Service by affixture without prior attempts at personal service is not sufficient compliance with Order 5 Rule 17 CPC.

The revision applicant, Kishore @ Sundar s/o Rupchand Gujar, filed a Hindu Marriage Petition No. 96 of 2007 seeking divorce from his wife, Archana w/o...

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High Court Quashes Lok Adalat Award in Motor Accident Claim Due to Lack of Claimants' Signatures on Settlement Memo. Lok Adalat Award Set Aside as Settlement Memo Not Signed by Claimants, Violating Section 20 of Legal Services Authorities Act, 1987, and Appeal Restored for Merits Hearing.

The dispute arose from a motor accident claim where the husband and father of the petitioners died in a road traffic accident. The Motor Accidents Cla...