Family Court order setting aside ex-parte judgment is appealable: Orissa HC [Read Judgment]
8 years, 6 months ago

Family Court order setting aside ex-parte judgment is appealable: Orissa HC [Read Judgment]

Live Law  

An application to set aside an ex-parte decree is an ‘interlocutory judgment’, which finally determines the right of the parties in the said proceeding, the Bench observed.The Orissa High Court in Gyanasis Jena vs. Rekha Swain, has held that a family court order allowing an application to set aside an ex-parte judgment is appealable under Section 19 of the Family Courts Act, 1984.A. The Orissa High Court in Gyanasis Jena vs. Rekha Swain, has held that a family court order allowing an application to set aside an ex-parte judgment is appealable under Section 19 of the Family Courts Act, 1984. Section 19 of the Family Courts Act states that, except from an interlocutory order or an order or a decree passed on consent of the parties and order passed under Chapter-IX of the Code of Criminal Procedure, 1973, an appeal shall lie from every judgment or order of a family court to the high court both on facts and law. The Bench referring to the Supreme Court decision in Shah Babulal Khimji Vs. Jayaben D.Kania and another, AIR 1981 SC 1786, held that an order allowing an application to set aside an ex-parte decree is an ‘interlocutory judgment’, which finally determines the right of the parties in the said proceeding.

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History of this topic

Appeals U/S 19 Of Contempt Of Court Act Can Only Be Against Order Imposing Punishment, Framing Of Charges Not Appealable: Kerala High Court
3 weeks, 1 day ago

Appeals U/S 19 Of Contempt Of Court Act Can Only Be Against Order Imposing Punishment, Framing Of Charges Not Appealable: Kerala High Court

Live Law  

The Kerala High Court observed that an appeal under Section 19 of the Contempt of Court Act will lie only in cases when the order is connected and incidental to the order of punishment for contempt. “Hence, the scheme of Section 19 of the Contempt of Courts Act, 1971, the Rules framed thereunder, and the decisions of the Apex Court, …

Order XXII Rule 4 CPC | No Separate Prayer To Set Aside Abatement Needed If Application To Substitute Legal Heirs Is Filed: Supreme Court
1 month, 2 weeks ago

Order XXII Rule 4 CPC | No Separate Prayer To Set Aside Abatement Needed If Application To Substitute Legal Heirs Is Filed: Supreme Court

Live Law  

The Supreme Court held that if an appeal abates due to the failure to substitute legal heirs, filing a substitution application under Order XXII Rule 4 CPC eliminates the need for a separate application to set aside the abatement. “When an application praying for substitution had been made, then, even assuming that it does not have an explicit prayer for …

Civil Revisional Pleas Should Not Be Entertained Against Ex-Parte Orders Of Debt Recovery Tribunal: Andhra Pradesh High Court
2 months ago

Civil Revisional Pleas Should Not Be Entertained Against Ex-Parte Orders Of Debt Recovery Tribunal: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has clarified that an aggrieved individual can appeal against 'any order' passed by the Debt Recovery Tribunal before the Appellate Tribunal as per section 20 of the Recovery of Debts and Bankruptcy Act, 1993 and that civil revisional petitions should not be entertained for the same. A Division Bench of Justice Ravi Nath Tilhari and …

Appellate Authority Has To Consider Grounds Raised In Appeal And Decide On Merits, Even If Appeal Is Heard Ex Parte: Patna High Court
3 months, 3 weeks ago

Appellate Authority Has To Consider Grounds Raised In Appeal And Decide On Merits, Even If Appeal Is Heard Ex Parte: Patna High Court

Live Law  

The Patna High Court stated that the Appellate Authority has a duty and an obligation to examine grounds raised by assessee in memorandum of appeal and decide issue on merits even if appeal is filed ex parte. The Bench consisting of Chief Justice K. Vinod Chandran and Justice Partha Sarthy, stated that “the Appellate Authority even while considering the appeal …

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court
1 year, 1 month ago

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that pendente lite maintenance passed by Family Court under Section 24 of Hindu Marriage Act, 1955 is amenable to an appeal before High Court under Section 19 of the Family Courts Act.For context as per Section 19 of the Family Court, an appeal shall lie from every judgment or order, …

Ex-Parte Decree | Remedies Under Order 9 Rule 13 & Section 96 CPC Are Concurrent, Can Be Resorted To Simultaneously: Jammu & Kashmir High Court
1 year, 10 months ago

Ex-Parte Decree | Remedies Under Order 9 Rule 13 & Section 96 CPC Are Concurrent, Can Be Resorted To Simultaneously: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that remedies under Order 9 Rule 13 CPC and Section 96 of the CPC, which allow for setting aside an ex parte judgment and filing an appeal, respectively, are concurrent and can be resorted to simultaneously. Elaborating on the subject the bench observed, ".The said two remedies are provided by …

Section 96-100 CPC - A Person Affected By A Judgment/Decree But Not A Party To Suit, Can Prefer Appeal With The Leave Of The Court: Supreme Court
2 years, 7 months ago

Section 96-100 CPC - A Person Affected By A Judgment/Decree But Not A Party To Suit, Can Prefer Appeal With The Leave Of The Court: Supreme Court

Live Law  

The Supreme Court observed that a person who is affected by a judgment but is not a party to the suit, can prefer an appeal with the leave of the Court.The sine qua non for filing an appeal by a third party is that he must have been affected by reason of the judgment and decree which is sought to …

Decree Is Ex-Parte In Nature If Defendant Could Not Adduce Evidence After Filing Written Statement: Andhra Pradesh High Court
2 years, 7 months ago

Decree Is Ex-Parte In Nature If Defendant Could Not Adduce Evidence After Filing Written Statement: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently set aside a decree and judgment which was ex-parte in nature as the defendant could not adduce evidence during trial due to ill health. "the impugned decree and judgment are only ex- parte in nature since the evidence of defendant was not adduced in this case and he failed to attend the Court…So there …

On Setting Aside Ex Parte Decree, Defendants Who Have Not Filed Written Statement Can Be Permitted To Cross Examine Witnesses: Supreme Court
2 years, 8 months ago

On Setting Aside Ex Parte Decree, Defendants Who Have Not Filed Written Statement Can Be Permitted To Cross Examine Witnesses: Supreme Court

Live Law  

The Supreme Court observed that on setting aside the ex­parte decree, the defendants can be permitted to participate in the suit proceedings and cross­-examine the witnesses.In this case, the defendants were set ex parte by the Trial Court. Referring to these judgments, the court allowed the appeal, and observed: "As observed and held by this Court in the case of …

Appeal From Any Order Passed By Family Court With Consent Of Parties Not Maintainable: Jharkhand High Court
3 years, 1 month ago

Appeal From Any Order Passed By Family Court With Consent Of Parties Not Maintainable: Jharkhand High Court

Live Law  

The Jharkhand High Court recently held that Section 19 of the Family Courts Act, 1984 is akin to the provision under Section 96 of the Code of Civil Procedure which bars appeal from a decree passed with the consent of parties.It added that this bar operates with further expansion under Section 19, in as much as, no appeal shall also …

Are Orders U/S 12 Of Guardians & Wards Act Appealable U/S 19 Of Family Courts Act? Delhi HC Refers Question To Larger Bench
3 years, 4 months ago

Are Orders U/S 12 Of Guardians & Wards Act Appealable U/S 19 Of Family Courts Act? Delhi HC Refers Question To Larger Bench

Live Law  

The Delhi High Court has referred to the larger bench the question as to whether an order passed under Section 12 of the Guardians and Wards Act, or any order dealing with aspects of visitation and custody during the pendency of proceedings, would be appealable under Section 19 of the Family Courts Act.Justice Vipin Sanghi and Justice Jasmeet Singh was …

Ex-Parte Decree Against Minor Not Represented By A Duly Appointed Guardian A Nullity : Supreme Court
3 years, 8 months ago

Ex-Parte Decree Against Minor Not Represented By A Duly Appointed Guardian A Nullity : Supreme Court

Live Law  

The Supreme Court has upheld a judgment of the Madras High Court which held that an ex-parte decree passed against a minor not represented by a guardian who is duly appointed is a nullity.A bench comprising Justices Indira Banerjee and V Ramasubramanian was considering an appeal filed against the High Court judgment, which had set aside the ex-parte decree passed …

Adjudication Of Litigation Is To Be Done On Merits As Far As Possible: SC [Read Judgment]
5 years, 8 months ago

Adjudication Of Litigation Is To Be Done On Merits As Far As Possible: SC [Read Judgment]

Live Law  

While affirming an order of setting aside an ex-parte decree, the Supreme Court, observed that as far as possible, adjudication of cases is to be done on merits.In Robin Thapa vs. Rohit Dora, the Trial Court allowed the application filed by the defendant under Order 9 Rule 13 of the Code for setting aside the Ex-Parte Decree. While affirming an …

Bombay HC Allows Ex Parte Decree in Notice of Motion, Despite Supreme Court Ruling
7 years, 2 months ago

Bombay HC Allows Ex Parte Decree in Notice of Motion, Despite Supreme Court Ruling

Live Law  

The Bombay High Court has ruled that an ex parte decree can only be passed under Rule 90 of the Original Side Rules and not under Order VIII of the Code of Civil Procedure. This means that the ex parte decree was recalled in this case because the court did not follow the correct procedure in issuing the notice of …

Ex Parte Decree Can Be Passed By Bombay HC In Notice Of Motion Filed Under Original Side Rules Only, Not Under Order VIII Of CPC: HC [Read Judgment]
7 years, 2 months ago

Ex Parte Decree Can Be Passed By Bombay HC In Notice Of Motion Filed Under Original Side Rules Only, Not Under Order VIII Of CPC: HC [Read Judgment]

Live Law  

The Bombay High Court recently held that on its original side, an ex parte decree can be passed in a notice of motion filed only under Rule 90 of the Original Side Rules and not under Order VIII of the Code of Civil Procedure.Justice GS Patel followed the judgments of the Supreme Court as well as two division benches of …

Ex-Parte Decree On Being Set Aside Becomes Non-Est And Cannot Be Regarded As Decree Passed By Court Of First Instance [Read Judgment]
7 years, 6 months ago

Ex-Parte Decree On Being Set Aside Becomes Non-Est And Cannot Be Regarded As Decree Passed By Court Of First Instance [Read Judgment]

Live Law  

Answering the issue as to whether, in a suit for pre-emption, an ex parte decree which is later set aside, can be termed to be the decree of the court of first instance, the Supreme Court has said that ex-parte decree, once set aside, will cease to exist and cannot be regarded as decree of the court of first instance.The …

Ex Parte Order For Custody Of Child Under DV Act Does Not Suffer From Illegality: Orissa HC [Read Judgment]
8 years, 3 months ago

Ex Parte Order For Custody Of Child Under DV Act Does Not Suffer From Illegality: Orissa HC [Read Judgment]

Live Law  

The Orissa High Court in Vinay Gupta vs. Saveri Nayak, has dealt with whether passing of an ex parte interim order regarding custody of their child in favour of the opposite party was permissible under Section 23 of the PWDV Act or not.Petitioner Vinay Gupta filed the criminal revision petition challenging the order dated 02.08.2016, passed by learned Sessions Judge, …

Ex Parte Order For Custody Of Child Under DV Act Does Not Suffer From Illegality: Orissa HC [Read Judgment]
8 years, 3 months ago

Ex Parte Order For Custody Of Child Under DV Act Does Not Suffer From Illegality: Orissa HC [Read Judgment]

Live Law  

The Orissa High Court in Vinay Gupta vs. Saveri Nayak, has dealt with whether passing of an ex parte interim order regarding custody of their child in favour of the opposite party was permissible under Section 23 of the PWDV Act or not.Petitioner Vinay Gupta filed the criminal revision petition challenging the order dated 02.08.2016, passed by learned Sessions Judge, …

Interim order cannot be passed in a Second Appeal by deferring admission without formulating substantial question of law; SC [Read Judgment]
8 years, 11 months ago

Interim order cannot be passed in a Second Appeal by deferring admission without formulating substantial question of law; SC [Read Judgment]

Live Law  

Supreme Court in Raghavendra Swamy Mutt vs. Uttaradi Mutt has held that, solely because the Court has the jurisdiction to pass an ex parte interim order, it does not empower it not to formulate the substantial question of law for the purpose of admission, defer the date of admission and pass an order of stay or grant an interim relief.Apex …

Interim order cannot be passed in a Second Appeal by deferring admission without formulating substantial question of law; SC [Read Judgment]
8 years, 11 months ago

Interim order cannot be passed in a Second Appeal by deferring admission without formulating substantial question of law; SC [Read Judgment]

Live Law  

Supreme Court in Raghavendra Swamy Mutt vs. Uttaradi Mutt has held that, solely because the Court has the jurisdiction to pass an ex parte interim order, it does not empower it not to formulate the substantial question of law for the purpose of admission, defer the date of admission and pass an order of stay or grant an interim relief.Apex …

‘Procedure’ is meant only to facilitate the administration of justice and not to defeat the same: Supreme Court [Read the Judgment]
9 years, 6 months ago

‘Procedure’ is meant only to facilitate the administration of justice and not to defeat the same: Supreme Court [Read the Judgment]

Live Law  

In a Judgment on a Civil Appeal which it pronounced today, the Supreme Court reiterated that ‘Procedure is meant only to facilitate the administration of justice and not to defeat the same.’ On sufficient cause, delay in bringing the legal representatives of the deceased party on record should be condoned. In a Judgment on a Civil Appeal which it pronounced …

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