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 the high court in the application for recall of an ex parte decree passed. 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 the high court in the application for recall of an ex parte decree passed by him on March 7, 2014. The court relied on the judgment of the Supreme Court in Iridium India Telecom Ltd v Motorola Inc and the judgment of division benches of the Bombay High Court in Nikita Trading v Nirlon Synthetics Fibres & Chemicals Ltd & Ors and Tardeo Properties Pvt Ltd v Bank of Baroda in order to substantiate the following: On the original Side of this court, given the extant Rules, a Court cannot exercise jurisdiction under Order VIII of the Code to pass an ex parte decree.

Court Original Side Rules Order Rules High Notice Patel Original Motion Order Viii Ex Parte Decree Parte Rule 90 Notice Of Motion Original Side Decree Passed Rule 90 Of  hc  original  motion  rules  parte  notice  court  viii  order  high  ex  read  decree  passed

History of this topic

Bombay High Court Stays Special Court Order Directing Registration Of FIR Against Ex-SEBI Chief Madhabi Puri Buch, Other BSE Officials
3 weeks, 4 days ago

Bombay High Court Stays Special Court Order Directing Registration Of FIR Against Ex-SEBI Chief Madhabi Puri Buch, Other BSE Officials

Live Law  

The Bombay High Court has stayed the order of a special court, which directed the registration of an FIR against Ex-SEBI Chief Madhabi Puri Buch and whole-time members and also the top officials of the Bombay Stock Exchange. Single-judge Justice Shivkumar Dige after hearing the arguments of solicitor general Tushar Mehta and Senior Advocates Amit Desai and Sudeep Pasbola, and …

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 …

Ex-parte interim orders cannot be passed in a casual manner, cautions Madras High Court
1 month, 3 weeks ago

Ex-parte interim orders cannot be passed in a casual manner, cautions Madras High Court

The Hindu  

The Madras High Court Chief Justice’s Bench has cautioned all the courts in Tamil Nadu and Puducherry against passing ex-parte interim orders in a casual manner and without due consideration to the loss that an individual/entity suffering such an order would have to undergo until the orders get vacated. “The courts must endeavour to ensure that even-handed justice is given …

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 …

West Bengal Post-Poll Violence : Supreme Court Sets Aside HC Order Transferring Trial Of One Case, Says No Proper Service Of Notice To Accused
7 months, 2 weeks ago

West Bengal Post-Poll Violence : Supreme Court Sets Aside HC Order Transferring Trial Of One Case, Says No Proper Service Of Notice To Accused

Live Law  

The Supreme Court on August 9 set aside an order of the Calcutta High Court, transferring the trial commenced at Coochbehar to Special CBI Court at Siliguri in the case lodged in the aftermath of the 2021 West Bengal Legislative Assembly elections for serious offences including murder and rape.The Supreme Court set aside the High Court order on the grounds …

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 …

Ex-Parte Order Can Be Recalled At Behest Of Necessary Party That Is Non-Party To A Case: Allahabad High Court
1 year, 7 months ago

Ex-Parte Order Can Be Recalled At Behest Of Necessary Party That Is Non-Party To A Case: Allahabad High Court

Live Law  

The Allahabad High Court has held that every Court and Tribunal have inherent power to set aside an ex-parte order as it amounts to ‘procedural review’ and is distinct from the statutory power to review a case on merits. Justice Yogendra Kumar Srivastava held that revenue authorities can recall an ex-parte order, passed without grant of notice or opportunity to …

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 …

BREAKING: Bombay High Court Recalls Registrar’s Notice Dismissing Thousands Of Cases Over Non-Removal Of Office Objections In 2022
2 years ago

BREAKING: Bombay High Court Recalls Registrar’s Notice Dismissing Thousands Of Cases Over Non-Removal Of Office Objections In 2022

Live Law  

In a significant ruling the Bombay High Court has recalled the Prothonotary & Senior Master’s September 15, 2022 notice dismissing civil suits filed before December 2021, in default, for non-removal of office objections within eight weeks. Justice Riyaz Chagla observed that the common notice couldn’t have been issued under Rule 986 of the Bombay High Court Rules, 1980 without first …

Can Recall Section 11 A&C Act Order, If It Suffers From Patent And Manifest Error: Delhi High Court
2 years, 3 months ago

Can Recall Section 11 A&C Act Order, If It Suffers From Patent And Manifest Error: Delhi High Court

Live Law  

The Delhi High Court has ruled that the power exercised by the High Court under Section 11 of the Arbitration and Conciliation Act, 1996 is not merely an administrative function but a judicial power, and that the Court does not cease to be a Court of Record while exercising power under Section 11. Thus, the bench of Justice Yashwant Varma …

Appeals Against Ex-Parte Orders Should Not Be Encouraged, Defendant Can Always Approach Single Judge: Bombay High Court
2 years, 5 months ago

Appeals Against Ex-Parte Orders Should Not Be Encouraged, Defendant Can Always Approach Single Judge: Bombay High Court

Live Law  

The Bombay High Court in an order on a commercial appeal deprecated the practice of filing appeal against ex parte orders and stated that there are inbuilt safeguards in such orders which facilitate the defendants to approach the Single Judge, who passed the order, to vacate, modify or limit the same. The burden is on the plaintiff who wants to …

Persons Not Party To Suit But Interested In Decree Can Be Added As Judgement Debtors In Execution Proceedings: Calcutta HC
2 years, 5 months ago

Persons Not Party To Suit But Interested In Decree Can Be Added As Judgement Debtors In Execution Proceedings: Calcutta HC

Live Law  

The Calcutta High Court in a recent decision permitted the adding of names of Kolkata Municipal Corporation and its Commissioner as judgement-debtors in execution proceedings of a case even though they were not a party to the original suit when the decree was passed. The High Court was dealing with an application filed by the decree holder Rana Chairs seeking …

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 …

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 …

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 …

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 …

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 …

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 …

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, …

Arbitral Tribunal Can't Pass Ex-Parte Ad-Interim Order; Arbitration Act Mandates Advance Notice : Bombay High Court
3 years, 5 months ago

Arbitral Tribunal Can't Pass Ex-Parte Ad-Interim Order; Arbitration Act Mandates Advance Notice : Bombay High Court

Live Law  

An arbitration tribunal cannot pass an ex-parte order on the mere filing of an interim application as the Arbitration and Conciliation Act of 1996 mandates sufficient advance notice for any hearing, the Bombay High Court has held. The court allowed Godrej Properties Ltd's application under Section 37 of the Act and set aside the tribunal's ex-parte ad-interim order in favour …

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 …

State Consumer Commission Cannot Set Aside Ex-Parte Order: Reiterates SC [Read Order]
5 years, 5 months ago

State Consumer Commission Cannot Set Aside Ex-Parte Order: Reiterates SC [Read Order]

Live Law  

The District Consumer Forums and the State Commissions have no power to set aside ex-parte orders, the Supreme Court reiterated the legal position while allowing an appeal filed by Judicial Member of the State Consumer Disputes Redressal Commission, West Bengal.An interesting fact about this order passed by the bench of Justice KM Joseph and Justice AS Bopanna is that it …

Section 362 CrPC Does Not Bar Recall Of Orders: Allahabad HC [Read Judgment]
5 years, 6 months ago

Section 362 CrPC Does Not Bar Recall Of Orders: Allahabad HC [Read Judgment]

Live Law  

Recalling an order passed in a criminal case, the Allahabad High Court observed that bar contained in section 362 of the Criminal Procedure Code applies for review, and not recall. Section 362 CrPC provides that no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a …

SC Order Saying I Agreed To Transfer Of Petitions From Bombay HC In Judge Loya Case Incorrect: Indira Jaising Informs SC
7 years, 2 months ago

SC Order Saying I Agreed To Transfer Of Petitions From Bombay HC In Judge Loya Case Incorrect: Indira Jaising Informs SC

Live Law  

In a tweet, Senior Advocate Indira Jaising has claimed that the Supreme Court has wrongly recorded in one of its recent orders that she agreed to transfer of the Petitions in Judge Loya case from the Bombay High Court to the Apex Court.“I mentioned that this should be corrected, I pointed out that page to my request to intervene is …

SC Order Saying I Agreed To Transfer Of Petitions From Bombay HC In Judge Loya Case Incorrect: Indira Jaising Informs SC
7 years, 2 months ago

SC Order Saying I Agreed To Transfer Of Petitions From Bombay HC In Judge Loya Case Incorrect: Indira Jaising Informs SC

Live Law  

In a tweet, Senior Advocate Indira Jaising has claimed that the Supreme Court has wrongly recorded in one of its recent orders that she agreed to transfer of the Petitions in Judge Loya case from the Bombay High Court to the Apex Court.“I mentioned that this should be corrected, I pointed out that page to my request to intervene is …

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 …

Bombay HC Recalls Order Appointing Retd Justice VM Kanade As Arbitrator Since Contract Clearly Said ‘No Arbitration Allowed’
7 years, 6 months ago

Bombay HC Recalls Order Appointing Retd Justice VM Kanade As Arbitrator Since Contract Clearly Said ‘No Arbitration Allowed’

Live Law  

In a matter between Pratibha Industries vs Municipal Corporation of Greater Mumbai, the Bombay High Court has recalled an earlier order passed on June 27, 2017, appointing Justice VM Kanade as sole arbitrator disposing off an arbitration petition.Justice KR Shriram passed the judgment allowing the recall sought in a notice of motion filed by the MCGM.Case BackgroundAn. In a matter …

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 …

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 …

SC spells guidelines on interim stay
13 years, 8 months ago

SC spells guidelines on interim stay

Hindustan Times  

In an attempt to prevent protracted litigation in civil disputes, the Supreme Court has laid down guidelines, directing the trial courts not to grant interim stay without hearing the second party and impose heavy costs to control “unnecessary adjournments.” HT Image A bench headed by justice Dalveer Bhandari issued the guidelines in wake of growing instances where parties, who obtain …

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