AI Overview...
- Effect of Set Aside of an Order - Main points and insights:
- Courts have the authority to set aside or quash orders if found defective or unjustified. For instance, in RAJASHRI alias RAJANI U. BHAKTA VS MARIAELSA DENORONHA WOLFANGO DASILVA since deceased through LRs. ANTONIO S. C. PERERIA - Bombay, the court set aside an impugned order upon pointing out defects, resulting in the granting of an application for amendment.
- Applications for setting aside orders often involve specific prayers or pleas, such as to recall, restore, or modify previous orders (Naunihal Haidar VS Assistant Settlement Of Consolidation - Allahabad, State of Jharkhand VS Govind Singh - Crimes). The courts evaluate these prayers to determine their admissibility and the nature of the application.
- The courts have also clarified that oral prayers for interim relief are generally not permissible, and written, specific prayers are required (STATE OF HIMACHAL PRADESH VS BALJEET SINGH RAJPAL - Himachal Pradesh).
- When an application to set aside or modify a decree or order is made, courts examine the pleadings and the prayer clauses carefully to decide on the relief sought ([VIMLA KUMARI GWAL
VS SATISH KUMAR YADAV - Allahabad](https://supremetoday.ai/doc/judgement/02500035170), Dr. Mohana Balusamy & Another VS N. Gomathi & Others - Madras).
- In some cases, the court's interference involves quashing or setting aside interim orders or injunctions if found unjustified or improperly granted (Dr. Mohana Balusamy & Another VS N. Gomathi & Others - Madras, Sunder Shaekhar VS Shamshad Abdul Wahid Supariwala - Bombay).
- Analysis and Conclusion:
- The legal principle underlying these cases is that courts can set aside or amend orders if the application includes a proper prayer and is supported by valid grounds, such as defect, fraud, or improper procedure.
- The courts emphasize the importance of specific prayers in applications to set aside orders, and the courts' role is to ensure justice by reviewing these prayers and the merits of the application.
- Overall, the effect of a Set Aside of an Order means that the court's order can be nullified or modified upon proper application and prayer, restoring the parties to a position as if the original order had not been passed (RAJASHRI alias RAJANI U. BHAKTA VS MARIAELSA DENORONHA WOLFANGO DASILVA since deceased through LRs. ANTONIO S. C. PERERIA - Bombay, Baladin VS D. D. C. - Allahabad, [VIMLA KUMARI GWAL
VS SATISH KUMAR YADAV - Allahabad](https://supremetoday.ai/doc/judgement/02500035170), Dr. Mohana Balusamy & Another VS N. Gomathi & Others - Madras).
Search Results for "Effect of Set Aside of an Order Means Prayer of Application Allowed"
2010 0 Supreme(Bom) 187 • India - Bombay
N.A.BRITTO, NARESH H.PATIL
immediately on pointing out defect - Application wrongly rejected by Court - Impugned order set aside - Application for amendment ... Consequently the impugned order is hereby set aside and as a result the application for amendment is granted and that for rejection ... Going by the reverse order of the prayer clauses, it can be seen from prayer (d) that the plaintiffs had #HL_STA....
2019 0 Supreme(All) 970 • India - Allahabad
J.J.MUNIR
Civil Procedure Code, 1908 – Order IX, Rule 13 – Application made with a prayer to postpone hearing of the ... [Paras 15,16,17,18 and 19] Facts of the case: This is an application made with a prayer ... of the ex parte decree – It goes without saying that if the decree is set aside in any competent proceedings, including the pending ... The learned Munsif, by the aforesaid order, rejected applications made by both the respondents, a....
1997 0 Supreme(All) 476 • India - Allahabad
D.K.SETH
Final Decision: The court dismissed the revision application and upheld the order of the trial court refusing to set aside ... Fact of the Case: The defendant-applicant filed an application to set aside a compromise decree passed in a suit for ... or order obtained by fraud or other improper means. ... The nature and character of the application is to be deter mined on the basis of pleading and prayer#....
![Surinder Mohan [deceased] by LR VS Baldev Singh](https://supremetoday-s3.b-cdn.net/Punjab_and_Haryana_small_3.png)
2019 0 Supreme(P&H) 1585 • India - Punjab and Haryana
AMOL RATTAN SINGH
is very clearly visible from a plain reading of the plaint itself, then the application under O.7 R.11 CPC has to be accepted and ... issue already clearly settled in the previous suit between the same parties, and the relief claimed in the second suit to that effect ... , in the opinion of this court, he would still be debarred from raising it in a subsequent lis on the principle contained under Order ... Consequently, keeping in view the entire discussion, this petition is allowed, with the impugned order#HL_....
2020 0 Supreme(All) 926 • India - Allahabad
RAMESH SINHA, SAMIT GOPAL
filed by the petitioner-appellant along with the delay condonation application were allowed vide order dated 08.12.2016 and the ... was prayed by means of the application for recall/restoration. – Rectification of an order stems from the fundamental principle ... for recall/restoration application by treating it as an application for review. – Prayer made in the said recall/restoration application....
• India - Crimes
ARIJIT PASAYAT, S.H.KAPADIA
In any event the respondent had not made any prayer for compounding in terms of Section 68 of the Act. ... (Paras 25 and 26) ... Result : Appeal allowed. ... aside. ... Judgment of the High Court is clearly indefensible, deserves to be set aside which we direct. The appeal is allowed. Appeal allowed. ... In any event the respondent had not made any prayer for compounding in terms of Section 68 of the Act. 26. ... When the words of a Statute are cle....
1998 0 Supreme(HP) 114 • India - Himachal Pradesh
KAMLESH SHARMA, SURINDER SARUP
This means that an oral prayer for an interim order is not permissible. ... Final Decision: The court allowed the writ petition and set aside the impugned interim direction. ... The Tribunal had passed the interim order while allowing a review petition and setting aside its earlier order in an original application ... The writ petition is allowed in these terms. There is no order#HL_END....
2019 0 Supreme(Mad) 2378 • India - Madras
S.MANIKUMAR, D.KRISHNAKUMAR
It also allowed the appellant to bring up the Certiorarified Mandamus prayer alone, deleting the Mandamus prayer and preserving the ... The Court also allowed the appellant to bring up the Certiorarified Mandamus prayer alone, deleting the Mandamus prayer and preserving ... Final Decision: The writ appeal was allowed, and the order made in the Writ Petition was modified. ... Combination of the prayer, certiorari to annul, #HL_START....
2013 0 Supreme(Bom) 2291 • India - Bombay
ANOOP V.MOHTA
Therefore, Court is inclined to interfere with the order. The impugned order dated is quashed and set aside. ... Therefore, the injunction so granted, is required to be set aside. ... thereby prayed for injunction, as recorded above. ... Therefore, I am inclined to interfere with the order. The impugned order dated is quashed and set aside. The Notice of Motion is dismissed. ... Therefore, the inj....
2009 0 Supreme(Mad) 268 • India - Madras
G.RAJASURIA
The defendants objected to the plaintiff's amendment of the prayer to set aside a sale deed. ... Amendment - Civil Revision Petition - The court allowed the plaintiff to amend the prayer in the suit, despite objections from ... Finding of the Court: The court found that the lower court had allowed the amendment in a cryptic manner without considering ... At the out set itself, I would like to agree with the submissions made by the learned counsel for the revision pe....
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