Search Results for Tag : ex-parte decree

News

SC: Statutory Appeal Can Be Filed Even If Application To Set Aside Ex-Parte Decree Is Dismissed(08.05.2019)

Supreme Court has noted that “Only in cases where the Defendant has adopted dilatory tactics or where there is lack of bonafide in pursuing the two re.....

Tags : SC, Ex-Parte Decree

Supreme Court: Ex-Parte Decree On Being Set Aside Becomes Non-Est(12.09.2017)

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.

Tags : Supreme Court, ex-parte decree

SC: No Need to File Separate App. for Condonation of Delay Along with App. for Setting Aside Decree(24.12.2024)

Supreme Court has held that it is not necessary to file a separate application for condonation of delay alongwith with an application to set aside an .....

Tags : Supreme Court, Condonation of Delay, Ex-Parte Decree

HP HC: Can’t Set Aside Ex-Parte Decree for Mere Irregularity(04.07.2025)

HP HC has stated that no Court shall set-aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of sum.....

Tags : HP High Court, Ex-Parte Decree, Service of Summons

SC Gives Relief to Litigant Who Suffered Ex-Parte Decree Due to Boycott by Bar Association's of Court(15.02.2019)

Supreme Court has set aside an ex-parte decree passed by Subordinate court in 2009 providing relief to defendant who suffered ex-parte decree because .....

Tags : Supreme Court, Court-boycott call by Bar Association, Ex-Parte Decree

Judgments

Before passing order of service of summons, it was duty of Court to examine Process Serving Officer/Bailiff, if his report is not on affidavit(10.07.2018)

The Appellant-husband ('the Respondent') against whom decree of dissolution of marriage has been passed in the petition filed by the Respondent-wife (.....

Tags : Service, Summons, Ex-parte decree, Validity

Court shall not set aside the decree on mere irregularity in service of summons(21.05.2018)

The Petitioners are the Defendants 3 to 5 and 7 and 8 and the Respondent is the Plaintiff in the suit. The suit was filed for the realisation of Rs. 9.....

Tags : Ex-parte decree, Delay, Condonation

Right to appeal being a statutory right, Defendant cannot be deprived of same merely on ground that, application to set aside ex-parte order was earlier dismissed(21.11.2019)

Present appeal arises out of the impugned order passed by the High Court by which the High Court has refused to condone the delay of 546 days in filin.....

Tags : Delay, Condonation, Ex-parte decree