Search Results for "ex-parte default judgment"

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Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
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Search Results for "ex-parte default judgment"

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High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Case — Ex-parte Decree Set Aside Due to Improper Service of Summons. First Appellate Court's Order Restored as Trial Court Failed to Comply with Order V Rule 17 CPC.

14 Jan 2022

The appellant/plaintiff filed a suit for specific performance of contract (O.S.No.126/2007) alleging that the respondent/defendant executed an agreeme...

High Court

High Court of Bombay at Goa Dismisses Landlords' Writ Petition in Rent Eviction Case, Upholding Restoration of Suit for Merits Hearing. Service of Summons Was Defective as Made on Wrong Address and to Incorrect Person, and Tenant Deposited Arrears of Rent Under Section 32 of Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968, Entitling Them to Contest Proceedings.

27 Mar 2026

The dispute arose from a rent eviction suit filed by landlords against the legal heirs of a deceased tenant under the Goa, Daman and Diu Buildings (Le...

High Court

Bombay High Court Upholds Condonation of Delay in Setting Aside Ex-Parte Decree in Partition Suit — Liberal Approach Justified by Sufficient Cause and Prejudice Avoidance. The court held that the Trial Court's discretion to condone delay under Section 5 of the Limitation Act, 1963, read with Order IX Rule 13 CPC, was not perverse and did not warrant interference under Section 115 CPC.

18 Nov 2025

The case arises from a partition suit filed by Hiraman Nivrutti Tupe (Applicant No.1) against his father, mother, and brothers, including Ratan Nivrut...

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

Bombay High Court Holds Summary Judgment Under UK Civil Procedure Rules Is a Judgment on Merits Executable in India Under Section 13 CPC. Foreign decree passed under Part 24 of UK CPR is considered a judgment on merits and is conclusive under Section 13 CPC, thus executable under Section 44A CPC.

17 Feb 2005

The present chamber summons was taken out by the judgment debtor (defendant no.3) seeking adjournment to raise attachment of a flat and dismissal of t...

High Court

Bombay High Court Dismisses Impleadment Application in Property Suit — Plaintiffs Fail to Establish Prima Facie Title or Possession. Order 1 Rule 10 CPC requires direct legal interest; vague claims of possession without documentary evidence insufficient for impleadment.

30 Nov -0001

The judgment pertains to a Notice of Motion filed by the plaintiffs in a suit seeking a declaration of ownership and possession of a property. The pla...

High Court

Bombay High Court Dismisses Plaintiff's Claim for Short-Landed Cargo Due to Lack of Evidence and Limitation. The court held that the plaintiff failed to prove that the consignment was loaded on board the vessel and that the suit was barred by limitation under the Indian Carriage of Goods by Sea Act, 1925.

27 Sep 2013

The plaintiff, Wallace Pharmaceuticals Pvt. Ltd., filed a suit for recovery of US$154,000 representing the CIF value of 40 drums of Lincomycin HCL BP ...

High Court

Madras High Court Allows Appeal in Mortgage Suit, Holds That Equitable Mortgage by Deposit of Title Deeds Is Valid and That Guarantors Are Jointly and Severally Liable for Principal Debt and Interest. The court decreed the suit for recovery of Rs.83,88,020.45 with 12% interest per annum on Rs.56,80,101.59 from the date of suit till realization, and passed a preliminary mortgage decree for sale of the mortgaged properties.

12 Feb 2026

The plaintiff, Coimbatore Capital Ltd., a trading member of the National Stock Exchange, filed a suit against two defendants, M.Ramasamy (since deceas...

High Court

Bombay High Court Extends Time for Payment Under Section 148 CPC Despite Plaintiff's Objection in Consent Decree Default Case. Court holds that Section 148 CPC empowers the court to extend time for payment in a consent decree for reasonable cause, even without the consent of the decree-holder.

30 Aug 2016

The case arises from a Notice of Motion filed by the Defendants (Applicants) to set aside an ex parte decree dated 19 December 2012 in Summary Suit No...

High Court

Bombay High Court at Goa Dismisses Writ Petition and Appeals Against Arbitral Award in Contract Dispute — Upholds Validity of Arbitration Agreement and Award Under Arbitration and Conciliation Act, 1996. The court held that the arbitration clause was valid and the award was not contrary to public policy, rejecting challenges under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.

30 Nov -0001

The case involves a dispute between the legal representatives of M/s. V. G. Quenim (a proprietary concern) and Smt. Vilasini Vassudev alias Manohar Gu...

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