Back
DELHI HIGH COURT
MANOJ KUMAR OHRI
Hira Sweets & Confectionary Pvt. Ltd. – Appellant
Versus
Hira Confectioners – Respondent
| Table of Content |
|---|
| 1. applications for setting aside ex-parte judgment. (Para 1 , 4) |
| 2. overview of plaintiff's claims and defendant's situation. (Para 2 , 6) |
| 3. court's reason for original ex-parte ruling. (Para 3 , 5 , 10) |
| 4. citations supporting both parties' positions. (Para 7 , 9) |
| 5. criteria for 'sufficient cause' under order ix rule 13 cpc. (Para 11 , 12) |
| 6. interpretation of sufficient cause in case law. (Para 13 , 14 , 15) |
| 7. defendant's failure to demonstrate sufficient cause. (Para 16 , 18) |
| 8. court's decision on the lack of sufficient cause. (Para 20 , 21) |
| 9. conclusion and dismissal of applications. (Para 22 , 24) |
JUDGMENT
I.A. 9702/2020 (Under Order IX Rule 13 CPC by the Defendant) & I.A. 9703/2020 (Condonation of Delay of 582 days in filing I.A. 9702/2020 by the Defendant)
1. The present applications have been preferred by the defendant through its proprietor - Pooja Sharma seeking setting aside of the ex-parte judgment and decree dated 01.02.2019 as well as for seeking condonation of delay of 582 days in filing the application.
2. Briefly, the present suit was filed for permanent injunction restraining infringement and passing off of trademark, copyright, damages, delivery up
Delay/Laches/Limitation - Delay of 582 days in filing application - “Sufficient Cause” is an elastic expression and no hard and fast guidelines are prescribed. Court, in its discretion, has to consid....
Setting aside ex-parte decree – Real test for adjudication of a petition under Order IX Rule 13 CPC is whether litigant upon learning about ex-parte decree takes immediate steps in filing application....
The failure to file an application for condonation of delay when seeking to set aside an ex parte decree under Order IX Rule 13 CPC is a fatal procedural defect, leading to dismissal of the applicati....
The court held that sufficient cause must be shown to condone delay under the Limitation Act, and mere negligence of legal counsel does not qualify as such.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
