AI Overview...
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Ex Parte Decree Cannot Be Crystallized Rights - An ex-parte divorce decree, especially when dismissed or abated, does not establish a permanent or crystallized right that cannot be challenged or disturbed later. Such decrees remain subject to legal proceedings to set aside or modify Parvathamma VS Joint Director the Sainik Welfare and Resettlement - Current Civil Cases.
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Rights After Divorce Decree - The passing of a divorce decree, whether ex parte or contested, does not permanently entrench the rights or identity of a spouse. The legal system allows for challenging such decrees through appropriate proceedings, and until set aside, the decree remains operative but not immutable Parvathamma VS Joint Director the Sainik Welfare and Resettlement - Current Civil Cases, Parvathamma VS Joint Director The Sainik Welfare And Resettlement - Karnataka.
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Setting Aside Ex-Parte Decrees - Courts emphasize that ex-parte decrees can be challenged, but the application to set aside must be made within a reasonable time and with sufficient cause. Delay and lack of proper explanation can lead to dismissal, and until the decree is set aside by a competent court, it should not be disturbed PRANAB DEBNATH VS DEBJANI DEBNATH - Tripura, Mukesh VS State Of Uttaranchal - Uttarakhand, Ram Kumar VS Oriental Insurance Company Ltd. - Delhi.
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Legal Principles on Crystallized Rights - The legal doctrine underscores that rights crystallized by a decree are not absolute and can be challenged if obtained improperly or without proper notice. The courts maintain that such rights are not immune from review or reversal Chetnaben Jayrambhai Savaliya vs Saurashtra University - Gujarat.
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Judicial Review and Appeal Limitations - In intra-court appeals and second appeals, the courts uphold that judgments should not be disturbed unless substantial questions of law are involved. Concurrent findings of fact are generally binding, and delays or procedural lapses do not automatically entitle parties to disturb rights once crystallized Chetnaben Jayrambhai Savaliya vs Saurashtra University - Gujarat, Narayanan Rajendran VS Lekshmy Sarojini - Supreme Court.
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Rights Based on Ownership and Title - Rights claimed based on ancestral rights or revenue entries are subject to verification in proper proceedings. Sale deeds and revenue entries do not conclusively establish ownership without proper adjudication, and such rights remain open to challenge DABHI RAJUJI PRATAPJI V/s DABHI LAXMANJI GALABJI DECEASED THRO LEGAL HEIRS - Gujarat.
Analysis and Conclusion:
The overarching principle from the sources is that rights crystallized by ex-parte orders or decrees are not immutable and can be challenged or disturbed through proper legal channels. Courts consistently emphasize the importance of timely applications to set aside such decrees, providing sufficient cause, and adhering to procedural requirements. Once a decree is legally set aside, the rights associated with it are not absolute and remain subject to judicial review, ensuring that justice is not compromised by procedural lapses or procedural delays. This aligns with the legal doctrine that ex parte orders do not confer unassailable or crystallized rights, and such rights are always subject to the final adjudication of competent courts.
Search Results for "Ex Parte Order Crystallised Rights Cannot be Disturbed"
• India - Current Civil Cases
M. NAGAPRASANNA
decree does not even exist as petition is itself is dismissed as having abated – Stigma of divorce cannot be permitted to be hanging ... Civil Procedure Code, 1908 – Order IX Rule 13 – Setting aside ex-parte decree of divorce – Husband dying ... widow identity card and there are several benefits that would flow from card being granted to a widow – Right is said to be diluted ... It cannot, therefore, be said that after a decree of divorce is passed against a spouse whether ex parte or ....
2025 Supreme(Online)(Raj) 14197 • India - High Court of Rajasthan (Jodhpur Bench)
ARUN MONGA, J
Court found the explanation provided to be mechanical and lacking specifics, citing established legal precedents regarding the rights ... The applicant sought condonation of a 498-day delay in filing an appeal against an ex-parte judgment. ... Delay and latches since result in freezing of the vested rights in a party, which seeks enforcement of the same, the said right cannot be taken away unless there is a sufficient cause shown by the party seeking condonation of delay. ... Aside therefrom, it is a s....
2016 0 Supreme(Tri) 457 • India - Tripura
T.VAIPHEI, S.C.DAS
Family Court Act - Divorce - Hindu Marriage Act, 1955 - Section 13(1 A)(i) - Order 9, Rule 13, CPC Fact of the Case: ... The respondent's application for setting aside the ex-parte decree was dismissed due to delay. ... The court dismissed the suit, stating that the appellant obtained the ex-parte decree by concealing it from the respondent. ... Until and unless the ex-parte decree is set aside by a competent court of jurisdiction in an appropriate proceeding, the first appellate court should not have disturbe....
2011 0 Supreme(Bom) 382 • India - Bombay
RANJANA DESAI, R.V.MORE
Single Judge, therefore, cannot be faulted for having granted permission. ... the appellants that the lease agreement is wrongly terminated is concerned, Court has already noted that after the adjudication order ... In view of this, Single Judge was right in directing the Official Assignee to hand over the said flat to the Central Bank. ... Learned Single Judge, therefore, cannot be faulted for having granted permission. ... 16. ... A categorical statement is made in the affidavit that the appellants were in lawful poss....
2002 0 Supreme(UK) 95 • India - Uttarakhand
IRSHAD HUSSAIN
Family Court Act - Divorce - Hindu Marriage Act, 1955 - Section 13(1 A)(i) - Order 9, Rule 13, CPC Fact of the Case: ... The respondent's application for setting aside the ex-parte decree was dismissed due to delay. ... The court found that the appellant's attempt to set aside the ex-parte decree was a last-ditch effort and dismissed the suit. ... Until and unless the ex-parte decree is set aside by a competent court of jurisdiction in an appropriate proceeding, the first appellate court should not have distur....
2024 0 Supreme(Kar) 160 • India - Karnataka
M. NAGAPRASANNA
The Court referred to previous judgments to establish the right of the petitioner to challenge the ex-parte decree and highlighted ... mandamus - widow identity card - Hindu Marriage Act, 1955, Section 13(1)(ia) & (ib) - Code of Civil Procedure, Order ... It cannot, therefore, be said that after a decree of divorce is passed against a spouse whether ex parte or bipartite such aggrieved spouse cannot prefer an appeal against such a decree or cannot move for getting ex....
2025 0 Supreme(Guj) 817 • India - High Court of Gujarat
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK, J, BIREN VAISHNAV
(B) Judicial Review - The court emphasized that in intra-court appeals, the judgment of the learned Single Judge should not be disturbed ... The learned Single Judge dismissed the petitions, affirming the Tribunal's decision that the petitioner failed to establish her right ... It is a very interesting to note that in all the aforementioned proceedings, the judgment dated 14.02.2003 rejecting the Application No.59 of 1995 has not been disturbed in any manner. ... In our opinion, the question of res judicata cannot arise ....
2022 0 Supreme(Del) 939 • India - Delhi
MANOJ KUMAR OHRI
The court held that inordinate delay cannot be condoned without 'sufficient cause' and that the appellant did not provide satisfactory ... It held that inordinate delay cannot be condoned without 'sufficient cause' and that the appellant did not provide satisfactory reasons ... The appellant claimed that he was not aware of the proceedings and was proceeded ex-parte. ... The first appellate court should not disturb and interfere with the valuable rights of the parties which stood crystallised by the tri....
2009 0 Supreme(SC) 239 • India - Supreme Court
HARJIT SINGH BEDI, DALVEER BHANDARI
be disturbed in second appeal – Substantial question of law has to framed at the time of admission of second appeal – Appeal has ... appeal – Jurisdiction is limited – Can be exercised only on basis of substantial question of law – Concurrent findings of fact cannot ... nbsp;Both the trial court as well as the first appellate court concurrently found that defendant no.1 has exclusive right ... The question which is often asked is why should a litigant have the right of two appeals even on questions of law? The answer to ....
2024 Supreme(Online)(GUJ) 3435 • India - High Court of Gujarat
MR. JUSTICE SANDEEP N. BHATT, J
dismissal of his suit for declaration of title and injunction regarding agricultural land, claiming ownership based on ancestral rights ... 6.1, 9) ... ... Facts of the case: ... The appellant claimed ownership of agricultural land based on ancestral rights ... The said sale deed is never challenged by the present appellant in the suit proceedings and the other proceedings, whereby, pursuant to the revenue entries, the revenue authority cannot decide the rights of the parties and more particularly, the title of the pa....
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