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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAMACHANDRA D.HUDDAR
C.P. Ramesh Kumar, S/o. C.M. Puttaswamy – Appellant
Versus
Umashree, D/o. Late Mariyappa @Chinnappa @Chinnaiah, W/o. B.D. Chandrashekar – Respondent
| Table of Content |
|---|
| 1. appellant's application for setting aside ex-parte decree. (Para 1 , 2) |
| 2. petitioner's claims regarding the lack of service. (Para 3 , 4 , 5) |
| 3. respondents' objections to the petition. (Para 6 , 7) |
| 4. evidence presented by the petitioner. (Para 8) |
| 5. procedural requirements for setting aside ex-parte decree. (Para 9 , 10) |
| 6. court analysis of the trial court's findings. (Para 11 , 12) |
| 7. court's final order allowing the appeal. (Para 13) |
JUDGMENT :
(RAMACHANDRA D. HUDDAR, J.)
The appellant/defendant No.20 in Misc.No.25001/2018 has filed this appeal under Order XLIII Rule 1(d) of CPC read with Section 104 of CPC with a prayer to call for the records in Misc.No.25001/18 relating to OS.No.25124/2013 on the file of IV Additional City Civil and Sessions Judge at Mayohall Unit, Bengaluru (CCH-21) and set aside the impugned order dated 18.11.2023 passed in Misc.No.25001/18, by the said Court dismissing the petition of the appellant, filed under Order IX Rule 13 of CPC and set aside the ex-parte judgment and decree passed in OS.No.25124/2013 dated 10.11.2017 by allowing this appeal.
2. Parties to this appeal are referred to as per the ranking before the trial Court.
3. That the
An ex-parte decree can be set aside if a defendant proves that proper service of summons was not conducted, emphasizing adherence to procedural due process over substantive merit during initial heari....
A defendant must demonstrate justifiable reasons for absence to succeed in an application under Order 9 Rule 13 CPC.
A defendant may set aside an ex-parte decree if sufficient cause for absence is shown, as per Order 9 Rule 13 of the CPC.
Setting aside ex-parte decree of divorce – For a defendant to succeed in application for setting aside ex-parte decree, he has to satisfy court that summons was not duly served or that he was prevent....
The court ruled that failure to serve summons for judgment invalidates an ex parte judgment, emphasizing the mandatory nature of procedural requirements under Order 37 of the CPC.
A decree passed ex-parte due to the failure to file a written statement within the prescribed time is not covered under Order IX Rule 13 of the Code, and therefore, the Court has no jurisdiction to s....
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