The Supreme Court ruled that a separate application seeking condonation of delay is not necessary to be filed along with an application seeking to set aside an ex-parte decree under Order IX Rule 13 of the Civil Procedure Code, if the application sufficiently explains the delay. The bench comprising Justice Vikram Nath and Justice Prasanna B. Varale was hearing an …
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 …
in the context of the aforesaid issue. Eventually, a Writ Petition was filed by the said Respondent in the Patna High Court that held that the appeal before the Additional Collector ought to have been dismissed on the ground of limitation "as no application was filed for condonation of delay as contemplated by Section 5 of the Limitation Act." The …
In an appeal from a motor accident claim, the Allahabad High Court recently underscored the importance of ensuring the claimant received the compensation they were entitled to in the event of a dispute between the owner of the vehicle that caused the accident and the insurer.To this end, the Bench of Justices Dr Kaushal Jayendra Thaker and Justice Ajit Singh …
Application under Order 9 Rule 13 of the Code of Civil Procedure cannot be automatically granted and can be allowed only when sufficient cause is made out to set aside the ex parte decree, the Supreme Court observed.In this case, the tenant had filed an application to set aside an ex-parte decree against him which was dismissed by the Trial …