Search Results for "Order 9 Rule 13"

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Supreme Court

Supreme Court Allows Application Under Order IX Rule XIII CPC to Set Aside Ex Parte Succession Certificate Due to Minor's Incapacity and Material Suppression. The Court held that a minor cannot be expected to respond to public notice or initiate proceedings independently, and material discrepancies in the application under Section 372 of Indian Succession Act, 1925 justified revocation under Section 383.

1 Apr 2026

The dispute originated from an application filed by respondents under Section 372 of the Indian Succession Act, 1925, seeking succession certificate f...

Supreme Court

Supreme Court Allows Appeal Against Condonation of 1116-Day Delay in Filing Appeal Against Ex-Parte Decree. Emphasizes Need for Sufficient Explanation for Inordinate Delay and Application of Res Judicata.

1 Jan 2025

The present appeal arises from an order of the Madurai Bench of Madras High Court condoning a delay of 1116 days in filing an appeal against an ex-par...

High Court

Bombay High Court Confirms Eviction of Licensee in Landmark Tenancy Case. Interpretation of Section 15A of the Bombay Rent Act Clarified: Shared Licenses Do Not Confer Tenancy Rights.

17 Dec 2024

The Bombay High Court dismissed the writ petition filed by Petitioners, legal heir of the original defendant, confirming the eviction order passed by ...

High Court

Union of India’s Appeal Dismissed in Motor Accident Compensation Case. Court affirms the Motor Accident Claims Tribunal’s award of compensation, holding the Union of India accountable for the vehicle driver’s negligence despite procedural contentions.

24 Oct 2024

The Union of India filed an appeal challenging an order of the Motor Accident Claims Tribunal, which directed compensation for injuries sustained in a...

Supreme Court

Supreme Court Allows Appeal for Enhancement of Maintenance Under Hindu Adoption and Maintenance Act, 1956. Maintenance Increased to Rs. 20,000 Per Month Based on Respondent's Financial Capacity and Pension Income, with Arrears Payable in Installments Not Exceeding 50% of Pension.

29 Jan 2024

The dispute involved an appeal against the High Court's enhancement of maintenance awarded to the appellant under Section 18 of the Hindu Adoption and...

Supreme Court

Supreme Court Allows Legal Representatives' Appeal in Provincial Small Cause Courts Act Case Due to Subsequent Deposit of Damages. Application Under Order IX Rule 13 CPC for Setting Aside Ex Parte Decree Maintainable After Full Compliance with Section 17 of Provincial Small Cause Courts Act, 1887 Regarding Deposit of Arrears, Costs, and Damages.

2 Feb 2023

The appeal arose from a civil suit for recovery of arrears of rent and ejectment filed by the respondent as owner against the defendant, who was a ten...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Over Ex Parte Decree and Demolition Order, Remands for Fresh Adjudication. The court held that a defendant appealing under Section 96 of the Code of Civil Procedure, 1908, without filing an application under Order IX Rule 13, can challenge the ex parte decree on grounds of improper service of summons or illegality of ex parte proceedings based on the suit record, as per Section 105.

6 Sep 2022

The dispute arose from a civil suit filed by the first respondent-plaintiff in the City Civil Court at Bangalore, seeking a declaration of ownership o...

Supreme Court

Supreme Court Upholds Setting Aside of Ex Parte Preliminary Decree in Redemption Suit — Order 9 Rule 13 CPC Maintainable. The court held that a decree passed after defendants were proceeded ex parte under Order 9 Rule 6(1)(a) and the court proceeded under Order 17 Rule 2 (Explanation) is an ex parte decree amenable to Order 9 Rule 13 CPC.

1 Feb 2019

The original appellant, G. Ratna Raj (since deceased, represented by legal representatives), filed a civil suit (C.S. No. 131/1999) in the High Court ...

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