Understanding the Legal Meaning of 'Set Aside' in Court

2025 0 Supreme(Jhk) 273

As such, the Court finds that there is no illegality in the impugned order and the substitution petition has already been allowed meaning thereby that abatement and limitation has already been set aside. As such, C.M.P. No. 214 of 2024 is dismissed. ... The opinion of the trial Judge allowing a prayer for setting aside abatement and his finding on the question of availability of “sufficient cause” within the meaning of sub-rule (2) of Rule 9 of Order 22 and of Section 5 of the Limitation Act, 1963 deser....

been taken to set it aside. ... The application for an order to set aside the order for abatement is " an application for the exercise of the discretion of the Court " within the meaning of s. 405. ... Section 403 empowers only the plaintiff or the person claiming to be the legal representative of a deceased or insolvent plaintiff to ask that the order of abatement be set aside. It is not the plaintiff alone that is interested in an action for....

2026 Supreme(Online)(MP) 2476

of the suit would be deemed to have been set aside in its entirety even though there was no specific prayer made and no specific order of the court passed in that behalf.” ... It is submitted that two applications for setting aside abatement are not permissible. Abatement has already been set-aside but correction could not be carried out in the cause-title, therefore, present application may be treated as an application for setting aside abatement of appeal. ... Inter alia, it was hel....

High Court Malaya Kuala Lumpur

Instead, Ravindra initiated a second suit ("Suit 540") to set aside the Order for Sale. ... Instead, Ravindra filed a fresh suit ("Suit 723") against the plaintiff and sought to set aside the Order for Sale; b) When Ravindra's Suit 723 was struck out, Ravindra did not come back to this court to apply to set aside the Order for Sale. ... [15] Even so, the thirty (30) day period for Ravindra to set aside the Order for Sale was way overdue. ... [2] Ra....

2025 0 Supreme(Jhk) 1373

He further submits that the learned Court in this background has rightly set aside the ex-parte judgment and decree and restored the suit and there is no illegality in the impugned order. ... On this ground, he submits that the impugned order may kindly be set aside. 5. On the other hand, Mr. ... The Court did not opt for any substituted services and in this background the learned Court has been pleased to set aside the ex-parte judgment and decree and restored the suit and merely on t....

1961 Supreme(Online)(Gau) 1

Subsequent assignment to an innocent party could not be regarded as a sufficient cause for non - appearance within the meaning of O. 9, R. 13. The Order of the learned District Judge is therefore not sustainable. It is set aside and the order of the learned Subordinate Judge is restored. ... Bharat Airways would not invest the court with jurisdiction to set aside the ex parte decree on grounds other than those specified in O. 9, R. 13. ... C. an ex parte decree can be set asi....

Civil Procedure-Mortgage Ordinance-Application for appointment of legal representative--Notice not served on respondents-Decree entered-Application to set aside decree-Procedure. ... Secretary, D, C, Badulla (supra) said " The order was made ex parte behind the back of the defendant, and in accordance with the authorities cited in a very recent case .... a person seeking to set aside such an order must first apply to the Court which made it, which is always competent to set #HL....

Andhra Pradesh

aside the ex parte decree. ... Admittedly, after passing the Ex parte decree, the petitioner/1st defendant has filed petition under Order IX Rule 13 CPC to set aside the ex parte decree. During pendency of the petition, the petitioner died. ... Without taking into consideration the relevant subsequent events, the Court below erroneously passed impugned orders and hence the same are liable to be set aside. 9. ... The Court below erred in exercising the jurisdiction without considering the subsequent eve....

High Court Malaya Kuala Lumpur

to alter, vary or set aside the final order. ... jurisdiction, are there sufficient grounds to set aside the Unless Order? ... I cannot set aside my own Order after I have decided to dismiss the Plaintiff's claim but allowed the Defendant's counter-claim. The Plaintiff placed me in a difficult position to decide on the Setting Aside Application to set aside my own Unless Order. ... The plaintiff there filed separate applications to ....

High Court Malaya Pulau Pinang

[2018] MLRHU 2069 it was clearly decided that a party who is aggrieved by an "inter-partes" decision must appeal against that order and the Court has no jurisdiction to set aside the inter-parte s order. ... According to the defendant, in the absence of the unless order or a peremptory order, the application to set aside the Order and the Judgment at encl 41 under O 34 r 2(4) is proper mode and in accordance with the provisions of the law rather than filing an appeal. ... aside the Order dated 6 June 2....

2016 0 Supreme(Mad) 3470

As it is defined at page 1580 the meaning of the phrase "set aside" is "annul or vacate". The word "Null" connotes the meaning - having no legal effect; without binding force as it is defined in Black's Law Dictionary in the very page.

2015 0 Supreme(All) 1336

In fact the expression “set aside” used in Section 2 (b) (ii) means the interim order has come to an end and has become inoperative. The contention is that interim orders passed in writ petitions although automatically lapsed on dismissal of the writ petitions, the interim orders passed therein automatically stood discharged. In the present case, when the High Court dismissed the writ petition, the interim order passed therein became non-existent and inoperative, the effect of setting aside an order or automatic discharge consequent upon the dismissal of writ petition is the same. ....

2015 0 Supreme(Ker) 930

It is an indisputable proposition that in order to set aside a decree or order or award, there must be one in existence. If the expression "set aside" is understood correctly, there will not be any lack of clarity or obfuscation. In otherwords, a decree or award not in existence cannot be set aside. Ordinarily the expression "set aside" is understood as meaning abandon, abjure, abrogate, discard, dispense with, to omit, reject, repudiate, etc. (Of a court) to annul or vacate (a judgment, order, etc.). The term "set aside" in the legal parlance means, to cancel, an....

2009 0 Supreme(Bom) 1735

The Black’s Law Dictionary defines the expression ”set aside” as to annul or to vacate a judgment or order. The ordinary meaning of the words “set aside” is to revoke or quash, the effect of which is to make the interim order inoperative or non existent. Discretionary power is vested with the Court to set aside an award. [ Ref: Bileshwar Khan Udyog Khedut Sahakari Mandali Ltd. & Ors. v. Union of India & Anr., (1999) 2 SCC 518.] 27.

2006 0 Supreme(Gau) 281

The term 'set aside' has been used in Order 9, Rule 13 CPC. When Section 144, CPC provided that it would be applicable where a decree is set aside in a suit filed for the purpose, the Legislature did not intend that the provision would be attracted in a case where a decree is set aside under Order 9, Rule 13 CPC. Section 144, CPC in terms, therefore, does not apply to a case where the decree is set aside under Order 9, Rule 13 CPC. Unless the context otherwise requires the term 'set aside' in Section 144 CPC, would carry the same meaning as in Order 9, Rule 13 CPC.