An Ex-Parte Decree Obtained By Suppressing Fact Of Non-Service Of Summons On Defendant Would Be Vitiated By Fraud: Calcutta HC
2 years, 6 months ago

An Ex-Parte Decree Obtained By Suppressing Fact Of Non-Service Of Summons On Defendant Would Be Vitiated By Fraud: Calcutta HC

Live Law  

The Calcutta High Court has held that an ex-parte decree which is obtained by suppression of the fact of non-service on the defendant would be vitiated by fraud. The Bench of Justice Shekhar B. Saraf set aside an ex-parte decree under Order IX Rule 13 CPC on the ground that the defendant could not be served with a notice of original plaint, the amended plaint, and the writ of summons of the amended plaint as it was not present in the address mentioned in the plaint and the service. Analysis by the Court At the outset, the Court reiterated that an ex-parte decree can be set aside under Order IX Rule 13 CPC only in two situations, either when the defendant satisfies the court that the summons was not served upon him or he was prevented by any sufficient cause from appearing before the Court at the time of the hearing. The Court held that an ex-parte decree which is obtained by suppression of the fact of non-service on the defendant would be vitiated by fraud, therefore, liable to be set aside under Order IX Rule 13 of CPC as the petitioner was prevented from presenting its case before the court.

Court Order Respondent Notice Suit Cpc Served Fact Defendant Petitioner Decree Summons Order Ix Rule 13 Order Ix Rule  exparte  hc  summons  court  suppressing  notice  nonservice  fraud  vitiated  defendant  obtained  petitioner  suit  order  served  decree  fact  respondent

History of this topic

Writ Petition Is Not Maintainable When Effective And Efficacious Remedy In Form Of Arbitration Is Available: Calcutta High Court
1 week, 5 days ago

Writ Petition Is Not Maintainable When Effective And Efficacious Remedy In Form Of Arbitration Is Available: Calcutta High Court

Live Law  

The Calcutta High Court Bench of Chief Justice T.S. It said that the High Court would normally exercise its jurisdiction in 3 contingencies namely when the writ petition was filed for enforcement of any fundamental rights, where there has been violation of principle of natural justice, or where the order or proceedings are wholly without jurisdiction or where the vires …

Ex-Parte Orders Can Have Disastrous Consequences, Should Be Passed Only In Case Of Real Emergency: Madras High Court
1 month, 3 weeks ago

Ex-Parte Orders Can Have Disastrous Consequences, Should Be Passed Only In Case Of Real Emergency: Madras High Court

Live Law  

The Madras High Court recently emphasized that courts should refrain from passing ex-parte orders in a routine manner and must only pass such orders when there is a real emergency which was shown through the plaint and averments. Pointing to the Supreme Court's direction in the case of Maria Margarida Sequeira Fernandes v. Erasmo Jack De Sequeira, in which the …

Delhi High Court clears public servant in negligence case, cites belated sanction
2 months ago

Delhi High Court clears public servant in negligence case, cites belated sanction

India Today  

Sanction has to be obtained by the prosecuting agency before a court takes cognisance and any subsequent sanction would be futile, the Delhi High Court held recently. Justice Neena Krishna Bansal passed the order in a case where a belated sanction was accorded for prosecution of public servants -- the petitioner, an MCD school principal, and a junior engineer contractor …

Payment Of Back Wages Not An Automatic Consequence Of Unlawful Dismissal: Calcutta High Court
2 months, 1 week ago

Payment Of Back Wages Not An Automatic Consequence Of Unlawful Dismissal: Calcutta High Court

Live Law  

The Calcutta High Court has held that the direction of payment of back wages is discretionary and it vests a court with the authority to consider the totality of facts and circumstances in any individual case. “Direction towards payment of back wages is a discretionary power which has to be exercised by a court keeping in mind the facts in …

Reference Application U/S 8 Of Arbitration Act Should Be Filed Within 120 Days From Date Of Service Of Summons: Karnataka High Court
3 months ago

Reference Application U/S 8 Of Arbitration Act Should Be Filed Within 120 Days From Date Of Service Of Summons: Karnataka High Court

Live Law  

The Karnataka High Court Bench of Justice Hemant Chandangoudar has held that a reference application under Section 8 of the Arbitration and Conciliation Act, 1996, should have been filed within a period of 120 days from the date of service of summons to the defendant, which was long passed before 20.03.2019. Thus, where the reference application under Section 8 of …

GST Department's Effective Adjudication Of Matter Cannot Be Scuttled By Seeking Writ Remedy: Calcutta High Court
3 months ago

GST Department's Effective Adjudication Of Matter Cannot Be Scuttled By Seeking Writ Remedy: Calcutta High Court

Live Law  

While reiterating that it shall not interfere in matters requiring fact-finding and adjudication, which fall squarely within the statutory domain, the Calcutta High Court advised the manufacturer/ supplier to exhaust the statutory remedies provided under the CGST Act, 2017 including submitting a detailed response to the SCN. “The statutory framework under the CGST Act provides adequate mechanisms for addressing the …

GST Department's Effective Adjudication Of Matter Cannot Be Scuttled By Seeking Writ Remedy: Calcutta High Court
3 months ago

GST Department's Effective Adjudication Of Matter Cannot Be Scuttled By Seeking Writ Remedy: Calcutta High Court

Live Law  

While reiterating that it shall not interfere in matters requiring fact-finding and adjudication, which fall squarely within the statutory domain, the Calcutta High Court advised the manufacturer/ supplier to exhaust the statutory remedies provided under the CGST Act, 2017 including submitting a detailed response to the SCN. “The statutory framework under the CGST Act provides adequate mechanisms for addressing the …

Procedure Under CPC For Affixing Copy Of Summons On Door/Conspicuous Part Of Defendant's House Mandatory Not Directory: Karnataka High Court
3 months, 2 weeks ago

Procedure Under CPC For Affixing Copy Of Summons On Door/Conspicuous Part Of Defendant's House Mandatory Not Directory: Karnataka High Court

Live Law  

The Karnataka High Court has held that the procedure of affixing a copy of the summons on the outer door or some other conspicuous part of the housein which the defendant ordinarily resides under Order V Rule 17 CPC, if he is not available to receive it, is a mandatory procedure and not a directory procedure. The court said “The …

Procedural Orders Cannot Be Considered As Interim Award Or Challenged U/S 34 Of Arbitration Act: Delhi High Court
4 months ago

Procedural Orders Cannot Be Considered As Interim Award Or Challenged U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Subramonium Prasad has held that a procedural order given by an Arbitral Tribunal, such as rejecting an application seeking impleadment of a party, does not qualify as an interim award. However, that application was rejected by the Arbitral Tribunal and stated that the allegations against Rajesh Kumar Srivastava required evidence and could not …

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC
4 months, 1 week ago

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

Live Law  

The Bombay High Court ruled that when the Revenue Dept. Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order, the Division Bench of Justice Ashwin D. Bhobe and Justice M.S Sonak observed that such inordinate delay in the conclusion of show cause notice will surely prejudice …

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy
4 months, 2 weeks ago

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy

Live Law  

The Calcutta High Court on Wednesday reprimanded a lawyer and his juniors for filing an appeal against a single judge order without either a server or certified copy of the order under challenge. A division bench comprising of Justice Hiranmay Bhattacharya had on an earlier occasion allowed the filing of the appeal without the certified copy of the order. On …

Negligent Conduct, Caused 19-Yr Delay: Rajasthan High Court Dismisses Plea Against Ex-Parte Decree In Recovery Suit Due To Non-Appearance
7 months, 3 weeks ago

Negligent Conduct, Caused 19-Yr Delay: Rajasthan High Court Dismisses Plea Against Ex-Parte Decree In Recovery Suit Due To Non-Appearance

Live Law  

Noting the "negligent conduct" of a man in delaying the trial of a recovery suit by almost 19 years, the Rajasthan High Court recently dismissed his plea for setting aside an ex-parte decree which was passed due to his non-appearance in the suit. A single judge bench of Justice Nupur Bhati observed, "Thus, upon perusal of the record, and the …

Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court
11 months, 4 weeks ago

Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court

Live Law  

A single judge bench of the Karnataka High Court comprising of Justice K.S. The Respondent filed a Writ Petition before the Karnataka High Court against the order of the labour court. This time Labour Court confirmed the dismissal order passed by the disciplinary authority and held that the order was proportionate to the proved misconduct as the petitioner had secured …

Calcutta High Court Denies Relief To Bank Manager Accused Of ‘Threatening’ Employee Who Complained Of Illegal Termination
1 year, 6 months ago

Calcutta High Court Denies Relief To Bank Manager Accused Of ‘Threatening’ Employee Who Complained Of Illegal Termination

Live Law  

The Calcutta High Court has refused to quash criminal proceedings against a Branch Manager of Standard Chartered bank who had been accused u/s 506 and 509 of the IPC for allegedly threatening an employee who had approached the Labour forum against illegal termination of service. Complainant submitted that the petitioner had threatened her to withdraw her case before the labour …

Application For Removal Of Arbitrator Must Be Made Before Same ‘Court’ As Envisaged In s.2 (i) (e) & s.42 Of Arbitration Act: Calcutta High Court
1 year, 7 months ago

Application For Removal Of Arbitrator Must Be Made Before Same ‘Court’ As Envisaged In s.2 (i) (e) & s.42 Of Arbitration Act: Calcutta High Court

Live Law  

The Calcutta High Court recently dismissed an application filed by M/S Gammon Engineers and Contractors Private Limited u/s 11, 14 and 15 of the Arbitration and Conciliation Act, 1996, for removal of arbitrator while challenging their unilateral appointment. Therefore, the bar under Section 42 would lie and all applications to be made to a ‘court’ must be made to the …

OV R17 CPC | No Service Of Summons If Process Server Does Not Affix Notice On Door Or Conspicuous Part Of Defendant's Address: MP High Court
1 year, 10 months ago

OV R17 CPC | No Service Of Summons If Process Server Does Not Affix Notice On Door Or Conspicuous Part Of Defendant's Address: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that the process server not affixing notice as per the provision under Order V Rule 17 CPC would be deemed to be an illegality and that it cannot be said to be an irregularity in the context of the second proviso to Order IX Rule 13 CPC. The bench comprising Justice …

Inability To Pay Portion Of Owed Money Can’t Lead To Criminal Prosecution Unless Fraudulent Intention Shown Right From Beginning: Calcutta High Court
1 year, 10 months ago

Inability To Pay Portion Of Owed Money Can’t Lead To Criminal Prosecution Unless Fraudulent Intention Shown Right From Beginning: Calcutta High Court

Live Law  

The Calcutta High Court on Monday quashed the criminal proceedings under Sections 484, 406 and 34 of IPC against a businessman who had allegedly refused to pay a portion of the price of goods purchased by him, on the ground that the accused did not have any fraudulent or dishonest intention right from the beginning of the transaction. The single …

Inadvertence To Produce Document Not Substantial Cause To Invoke Order XLI Rule 27 CPC: Jammu & Kashmir High Court
1 year, 11 months ago

Inadvertence To Produce Document Not Substantial Cause To Invoke Order XLI Rule 27 CPC: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that inadvertence on the part of a party to produce a document before the Court cannot be construed as a substantial cause within the meaning of Rule 27 of Order XLI of the Civil Procedure Code to allow application for production of additional documents. Order XLI R 27 of …

Calcutta High Court Refuses To Recall Order Dismissing Commercial Suit Over Non-Appearance, Says Advocate Duty Bound To Make Alternative Arrangement
2 years ago

Calcutta High Court Refuses To Recall Order Dismissing Commercial Suit Over Non-Appearance, Says Advocate Duty Bound To Make Alternative Arrangement

Live Law  

The Calcutta High Court on Monday refused to recall its order of dismissal of a commercial suit and interlocutory application on the ground that plaintiff had not been diligent in proceeding as it did not appear before the court for three months after filing of the suit. In my view, the purpose and object of the Commercial Courts Act, 2015 …

Every Act Affecting Emotions Not Criminal: Calcutta High Court Quashes Proceedings Against DSP Accused Of Harassing During Department Enquiry
2 years ago

Every Act Affecting Emotions Not Criminal: Calcutta High Court Quashes Proceedings Against DSP Accused Of Harassing During Department Enquiry

Live Law  

The Calcutta High Court at Jalpaiguri recently quashed criminal proceedings under section 406 and section 420 of IPC against a DSP, Government Railway Police, on the ground that allegations made against the petitioner did not depict any cognizable offence under the said provisions. The single judge bench of Justice Rai Chattopadhyay observed: “Peculiarly enough in this case the complaint discloses …

Criminal Proceedings Cannot Be Initiated For Recovery Of Amount Due Under The Arbitration Award: Calcutta High Court
2 years, 3 months ago

Criminal Proceedings Cannot Be Initiated For Recovery Of Amount Due Under The Arbitration Award: Calcutta High Court

Live Law  

The Calcutta High Court has held that criminal proceedings cannot be initiated for recovery of amount due under an arbitration award. The bench of Justice Tirthankar Ghosh held that a party aggrieved by non-payment of amount due under a post award settlement agreement should not resort to filing a criminal case by giving a civil dispute criminal colour as the …

Application Before Commercial Division Cannot Be Rejected Merely For Mentioning Wrong Provision Under Which It Has Been Preferred: Calcutta HC
2 years, 3 months ago

Application Before Commercial Division Cannot Be Rejected Merely For Mentioning Wrong Provision Under Which It Has Been Preferred: Calcutta HC

Live Law  

The Commercial Division of the Calcutta High Court on Thursday reiterated that an interlocutory application cannot be rejected merely on the ground that it mentions a wrong provision of law under which it has been preferred. The Court was hearing an application for final judgment and decree filed under the provisions of Chapter XIIIA of the Calcutta High Court Original …

Ex-Parte Orders Passed Without Issuance Of Notice Cannot Be Brought Within Purview Of S.36 CPC For Execution: Kerala High Court
2 years, 6 months ago

Ex-Parte Orders Passed Without Issuance Of Notice Cannot Be Brought Within Purview Of S.36 CPC For Execution: Kerala High Court

Live Law  

The Kerala High Court recently observed that an order passed without issuing notice to the opposite party cannot be brought under the purview of Section 36 CPC and it cannot be executed through court until the same is merged in a subsequent order after notice to the opposite party.Justice P. Somarajan observed that in cases where the ex parte order …

Decree Is Ex-Parte In Nature If Defendant Could Not Adduce Evidence After Filing Written Statement: Andhra Pradesh High Court
2 years, 8 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 …

Gujarat High Court Quashes Non-Speaking And Vague GST Cancellation Order
2 years, 9 months ago

Gujarat High Court Quashes Non-Speaking And Vague GST Cancellation Order

Live Law  

The Gujarat High Court bench of Justice J.B. Pardiwala as he then was and Justice Nisha M. Thakore has quashed the GST cancellation order as it was non-speaking and vague. A show cause notice was issued by the State Tax Officer on Form GST REG-17/31 under Section 29 of the CGST Act, 2017 read with Rule 22 of the CGST …

Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost
2 years, 9 months ago

Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost

Live Law  

The Calcutta High Court on Thursday opined that a litigant should not be penalised for the misconduct of his advocate and accordingly allowed an application seeking condonation of delay of about 9 years and 4 months in filing the revision petition.The counsel appearing for the petitioner submitted before Justice Kaushik Chanda that the petitioner had not been informed by his …

Service Of Summons Not Complete If Accepted By "Alleged Wife" Of Party Summoned: Bombay High Court
2 years, 9 months ago

Service Of Summons Not Complete If Accepted By "Alleged Wife" Of Party Summoned: Bombay High Court

Live Law  

The Bombay High Court stated yesterday regarding service of summons that the suit summons was never served on the Petitioner as it was accepted by Respondent No. There was want of knowledge on the part of the Petitioner about the suit proceedings as well as the ex parte decree; consequently the court condoned the delay in filing First Appeal before …

S.256 CrPC | Court Must Apply Its Judicial Discretion & Record Finding Justifying Dismissal Of Case: Calcutta High Court
2 years, 10 months ago

S.256 CrPC | Court Must Apply Its Judicial Discretion & Record Finding Justifying Dismissal Of Case: Calcutta High Court

Live Law  

The Calcutta High Court has recently set aside an order acquitting an accused under Section 256 of the CrPC for a complaint registered under Section 138 of the Negotiable Instrument Act by observing that a Magistrate cannot pass such an order merely due to the non-appearance of the complainant without forming a judicial opinion. The court must apply its judicial …

'Redact Names In Pleadings, File Affidavits In Sealed Covers' : Calcutta HC Issues Directions To Ensure Anonymity Of Victims Of Sexual Offences In Court Records
2 years, 11 months ago

'Redact Names In Pleadings, File Affidavits In Sealed Covers' : Calcutta HC Issues Directions To Ensure Anonymity Of Victims Of Sexual Offences In Court Records

Live Law  

The Calcutta High Court on Monday issued practice directions in order to ensure that the identity of victims of sexual offences including minor victims under the POCSO Act are not disclosed in the pleadings and other records of the Court.The directions were issued while adjudicating upon an appeal filed challenging an order of conviction under Section 6 of the POCSO …

Order IX Rule 13 CPC | Defendant Can Only Take Part In Hearing After Ex-Parte Decree Against It Is Set Aside, Can't File Written Statement: Orissa HC
3 years, 1 month ago

Order IX Rule 13 CPC | Defendant Can Only Take Part In Hearing After Ex-Parte Decree Against It Is Set Aside, Can't File Written Statement: Orissa HC

Live Law  

The Orissa High Court has reiterated that even after an ex parte decree is set aside under Order IX Rule 13 of the CPC, the defendant neither can be relegated to the original position nor can be allowed to file a written statement. 2 and 3 for their non-appearance on the date when the suit was called on for hearing, …

Summons Cannot Be Issued To An Accused U
3 years, 1 month ago

Summons Cannot Be Issued To An Accused U

Live Law  

The Calcutta High Court on Monday held that before issuing summons to an accused under Section 204 of the CrPC, a Magistrate has to mandatorily hold an inquiry under Section 202 of the CrPC. Justice Ananda Kumar Mukherjee held that the scope of such enquiry under section 202 CrPC is limited to the ascertainment of truth or falsehood of the …

Whether Filing Of A 'Statement Of Truth' In A Written Statement Is A Mandatory Requirement Under Commercial Courts Act, 2015?: Calcutta High Court Explains
3 years, 6 months ago

Whether Filing Of A 'Statement Of Truth' In A Written Statement Is A Mandatory Requirement Under Commercial Courts Act, 2015?: Calcutta High Court Explains

Live Law  

The Calcutta High Court last week while adjudicating upon a commercial suit expounded in detail whether a 'statement of truth' in a written statement is a mandatory requirement under the Commercial Courts Act, 2015 and whether its absence warrants the disposal of the defence in the suit. Justice Moushumi Bhattacharya observed while opining on the changes brought in by the …

Section 205 CrPC- Magistrate Cannot Mechanically Impose Conditions To An Order Dispensing Personal Appearance of Accused : Calcutta High Court
3 years, 8 months ago

Section 205 CrPC- Magistrate Cannot Mechanically Impose Conditions To An Order Dispensing Personal Appearance of Accused : Calcutta High Court

Live Law  

The Calcutta High Court has held that magistrate cannot mechanically impose conditions to an order dispensing the personal appearance of accused under Section 205 Code of Criminal Procedure.It observed that the Magistrate, while passing the impugned order, had merely mentioned that there are certain facts which can only be explained by the accused persons, and those facts are only within. …

Whether Rejection Of Application For Amendment of Counter-Statement Constitutes An 'Interim Award': Calcutta High Court Explains
3 years, 9 months ago

Whether Rejection Of Application For Amendment of Counter-Statement Constitutes An 'Interim Award': Calcutta High Court Explains

Live Law  

The Calcutta High Court on Friday while hearing an appeal to an impugned order expounded in detail on whether an interim relief granted by an Arbitrator would constitute an 'interim award' thereby allowing it to be set aside under Article 34 of the Arbitration and Conciliation Act, 1996. After examining the rival contentions, Justice Moushumi Bhattacharya proceeded to make observations …

Common Order For Summoning In Different Cases Cannot Be Passed When Parties Are Unrelated: Delhi High Court
4 years, 4 months ago

Common Order For Summoning In Different Cases Cannot Be Passed When Parties Are Unrelated: Delhi High Court

Live Law  

The Delhi High Court on Wednesday made it clear that a common order for summoning Respondents, in different cases filed by a common Petitioner, cannot be passed when the Respondent parties are unrelated. The order was quashed on two counts: The parties so summoned, were unrelated; in one of the cases, the offence alleged against the accused related to dishonour …

Application U/s 9 Of Arbitration & Conciliation Act Can Be Filed Where A Part Of The Cause Of Action Has Arisen: Calcutta HC [Read Order]
4 years, 5 months ago

Application U/s 9 Of Arbitration & Conciliation Act Can Be Filed Where A Part Of The Cause Of Action Has Arisen: Calcutta HC [Read Order]

Live Law  

The Calcutta High Court has observed that an application under section 9 of the Arbitration and Conciliation Act can be filed where a part of the cause of action has arisen.Justice Moushumi Bhattacharya observed that an application under section 9 for interim relief urged in the background of an arbitration agreement between the parties is time-sensitive where the court has …

Order IX Rule 13 CPC: Can A Person Who Is Not Party To Suit File Application To Set Aside Ex-Parte Decree? SC To Examine [Read Order]
5 years, 8 months ago

Order IX Rule 13 CPC: Can A Person Who Is Not Party To Suit File Application To Set Aside Ex-Parte Decree? SC To Examine [Read Order]

Live Law  

The Supreme Court has issued notice in Special Leave Petition in which the issue raised is whether a person who is not a party to the suit cannot move an application to set aside ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908. Order IX Rule 13 provides that, in any case in which a …

Decree Passed On Plaintiff's Evidence Without Defendant's Appearance At Trial Is Ex-Parte Decree : SC [Read Judgment]
6 years, 1 month ago

Decree Passed On Plaintiff's Evidence Without Defendant's Appearance At Trial Is Ex-Parte Decree : SC [Read Judgment]

Live Law  

The Supreme Court has held that a decree passed after taking plaintiff's evidence, without the appearance of defendant at the trial stage, is an ex-parte decree, which could be set aside under Order IX Rule 13 of the Code of Civil Procedure.The bench of Justice A M Sapre and Dinesh Maheshwari passed the order in the case G.Ratna Raj by …

Bombay HC Allows Ex Parte Decree in Notice of Motion, Despite Supreme Court Ruling
7 years, 3 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, 3 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 …

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