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Showing posts with label exparte decree. Show all posts
Showing posts with label exparte decree. Show all posts
Sunday, 29 March 2026

Ex Parte at Trial, New Defence in Appeal? The Real Limits of the First Appellate Court Under the CPC

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A first appeal under Section 96 CPC is not a mere formality. It is a rehearing on facts and law, and the first appellate court has a duty to...
Sunday, 26 September 2021

Questions and answers on law Part 40

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  Q 1:- Whether report under section 156 sub section 3 CR PC is binding on the Court?  Ans: Report filed by police U/S 156 of CRPC is not bi...
Sunday, 20 December 2020

What remedies are available to the defendant if court passes an exparte decree against him?

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  The proviso appended to Order IX Rule 13 of the Code of Civil Procedure postulates that when an ex parte decree has been passed against so...
Monday, 4 February 2019

Whether Decree Passed On Plaintiff's Evidence Without Defendant's Appearance At Trial Is Ex-Parte Decree?

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 In this case, the party, who was absent and was proceeded ex parte was the "defendants" and they had not led any evidence wher...
Sunday, 11 November 2018

Whether evidence of witnesses recorded prior to passing of exparte decree can be used to confront them?

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  In my view, where an order setting aside the ex parte decree with permission to file written statement attains the finality, it has the ...
Sunday, 13 May 2018

Basic concepts of CPC 4 -definitions

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Commission Commission refers to an authority which is appointed to exercise a power or direction issued by court,when for instance a w...
Friday, 20 April 2018

Whether parties are relegated to position existing prior to date of exparte order after setting aside of exparte decree?

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 An ex parte decree is passed when the court believes that the Defendant has been served but is not appearing in court despite service of...
Sunday, 15 April 2018

Whether exparte decree can be set aside without notice to some of defendants?

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 Be that as it may, in our considered opinion, after the suit was restored at the instance of Defendant Nos. 3 and 4, the Trial Court commi...
Thursday, 29 March 2018

Whether decree passed by court without recording evidence of defendant is exparte decree?

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No doubt, the plaintiff's suit was contested by defendant at its earlier stages and till the plaintiff's evidence was recorded, bu...
Saturday, 27 January 2018

Whether decree will be deemed to be exparte decree if defendant has filed his written statement?

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 Looking to the law as laid down by the Supreme Court and thereafter followed by our Court, what becomes clear is that where the Defendant ...
Saturday, 15 July 2017

Whether exparte decree in former suit will operate as res judicata in subsequent suit?

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The judgment cited by the learned Counsel for the appellant is not applicable to the facts of the case. From the judgment in O.S.No.170 of...
Saturday, 25 March 2017

Whether one spouse can get exparte divorce decree set aside after death of other spouse?

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Learned Counsel for the appellant submitted one objection in connection with such proceedings. He submitted that if such an action survi...
Saturday, 11 March 2017

Whether court should set aside exparte decree relying on affidavit without verifying factual position from record?

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 Adverting to the impugned order, it would be noticed that the learned Court has simply chosen to rely upon the contents of the applicatio...
Thursday, 1 December 2016

Whether order of setting aside exparte decree is appealable?

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Similarly, suppose the Trial Judge passes an Order setting aside an exparte decree against the defendant, which is not appealable under a...
Sunday, 16 October 2016

What are basic principles for setting aside exparte decree?

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 In Vijay Kumar Madan and others v. R. N. Gupta Technical Education Society and others, (2002 (5) SCC 30) interpreting the provisions i...
Friday, 9 September 2016

When exparte decree can be set aside as per O 9 R 13 of CPC even if defendant has appeared in the suit?

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From the aforesaid it is, therefore, clear that if the plaintiff was called upon to lead evidence and he thereafter filed various document...
Thursday, 4 August 2016

When exparte decree can be set aside?

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It is well settled that when a decree of the Trial Court is either confirmed, modified or reversed but the Appellate decree, except w...
Monday, 7 March 2016

When decree of trial court will not merge with decree of appellate court?

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It is well settled that when a decree of the Trial Court is either confirmed, modified or reversed but the Appellate decree, except w...
Wednesday, 8 July 2015

Duty of court while deciding suit exparte or without written statement

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 Even if the suit proceeds ex-parte and in the absence of a written statement, unless the applicability of Order VIII Rule 10 of the CPC is...
Thursday, 30 April 2015

What is the difference in scope of adjudication in the application under O 9 R 13 of CPC and appeal against exparte decree?

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 The Madras High Court has opined that, since the law provides another remedy for redressal from ex-parte decree, the defendant must have...