AI Overview...
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Ex Parte Order Rejection - Multiple cases highlight that applications to set aside ex parte orders under Order 9 Rule 7 CPC are often rejected if the applicant fails to provide sufficient cause or timely compliance. Courts emphasize the importance of explaining absence or negligence, with some cases setting aside orders upon proper justification and costs Rohit Bahadur Singh VS Raghunath Mishra - Orissa, Kanchan Devi VS Kesara - Rajasthan, Bhonmai Borah W/o. Lt. Hemanta Borah vs Maina Das Borah - Gauhati.
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Grounds for Rejection - Courts typically reject such applications when procedural lapses, lack of proper notice, or delayed filings are evident. For example, applications filed after limitation periods or without proper affidavit support are rejected State of Mizoram Rep. by Chief Secretary VS Biakkungi - Current Civil Cases, AMAL GUHA VS STATE - Calcutta.
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Exceptions and Set Aside Orders - In certain instances, courts have allowed setting aside ex parte orders when applicants demonstrate valid reasons, such as absence of counsel, lack of knowledge, or procedural irregularities, often with costs imposed Kanchan Devi VS Kesara - Rajasthan, Bhonmai Borah W/o. Lt. Hemanta Borah vs Maina Das Borah - Gauhati.
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Specific Case Insights - Orders obtained through forged signatures or irregular service are rightly rejected, and applications based on such grounds are dismissed Govind Singh VS Madan Singh - Rajasthan. Similarly, applications rejected due to procedural delays or insufficient cause, such as in debt recovery cases, are upheld GARGYA RESEARCH INSTRUMENTS VS STATE BANK OF INDIA - Delhi.
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Overall Conclusion - The rejection of ex parte order applications is common when procedural requirements are unmet or justification is inadequate. To succeed in setting aside such orders, applicants must demonstrate valid reasons, timely filing, and procedural compliance Rohit Bahadur Singh VS Raghunath Mishra - Orissa, Kanchan Devi VS Kesara - Rajasthan.
References:
- Rohit Bahadur Singh VS Raghunath Mishra - Orissa
- Kanchan Devi VS Kesara - Rajasthan
- State of Mizoram Rep. by Chief Secretary VS Biakkungi - Current Civil Cases
- Bhonmai Borah W/o. Lt. Hemanta Borah vs Maina Das Borah - Gauhati
- Dhaneshwar Mahto VS Krishna Kumar Mehta - Jharkhand
- Laxmi Industrial Corporation VS Shri K. K. Tewari - Rajasthan
- AMAL GUHA VS STATE - Calcutta
- MADAN LAL VS PRESCRIBED AUTHORITY/MUNSIF, AGRA - Allahabad
- Govind Singh VS Madan Singh - Rajasthan
- GARGYA RESEARCH INSTRUMENTS VS STATE BANK OF INDIA - Delhi
Search Results for "Ex Parte Order Rejected"
2017 0 Supreme(Ori) 367 • India - Orissa
A.K.RATH
CIVIL PROCEDURE CODE, 1908 - Order 9 Rule 7 - Application to set aside the ex-parte order rejected - Order challenged - Whether application ... No. 4/2004/33/2011, whereby and whereunder the learned trial court rejected the application of defendant no.2 under Order 9 Rule 7 C.P.C. to set aside the ex parte order dated 8.1.2007. ... 2. ... He was set ex parte. When the suit was posted for judgment, at this juncture,....
2011 0 Supreme(Raj) 944 • India - Rajasthan
KARAN SINGH RATHORE
set-aside the ex-parte order, rejected — Petitioner is from rural area having no legal knowledge — Held — For the negligence committed ... C.P.C., Order 9 Rule 7 — Ex-parte Order — Ex-parte order passed due to absence of the advocate and the defendant — Application to ... by advocate — Order set aside on cost of Rs. 1500/-.
• India - Current Civil Cases
B.D.AGARWAL, H.BARUAH
9, Rule 13 filed by defendant for vacating ex parte order rejected by impugned judgment solely on the ground that petition was ... Civil Procedure Code , 1908—Order IX Rule 13 and Section 151—Setting aside ex-parte decree—Respondents directed to pay rent of ... filed after limitation period—There was no need to file application under Order. 9 Rule 13 CPC as there was no ex parte decree ... The said application was rejected by the impugned judgm....
2025 0 Supreme(Gau) 1146 • India - THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
(A) Code of Civil Procedure, 1908 - Order IX Rule 7 - Ex-parte proceedings - Application for vacating ex-parte order rejected by ... ... ... Result: Petition allowed; ex-parte order set aside. ... (Paras 3, 4) ... ... Facts of the case: ... The petitioner, aged 65, challenged an ex-parte order ... Code’) for vacating the ex-parte order was rejected. ... Accordingly, this Cou....
2015 0 Supreme(Jhk) 408 • India - Jharkhand
SHREE CHANDRASHEKHAR
Civil Procedure Code, 1908—Order 9 Rule 7— Ex-parte order—Court rejected application ... ... ;Filed by defendant seeking extension of time for filing written statement and recall of order for ex parte hearing ... of case—No reasons assigned in order impugned—Petitioner given liberty to file written statement subject to cost of Rs. 15,000/- ... ORDER : ... Aggrieved by order dated 08.05.2013 in Title Suit No. 142 of 2012 whereb....
1994 0 Supreme(Raj) 388 • India - Rajasthan
ARUN MADAN
order was passed — Application for setting aside ex-parte order was rejected — No sufficient cause supported by an affidavit was ... — Management of the firm declared lock out — The authority issued notice for attending the proceedings — No body turned and ex-parte ... It is the settled legal proposition that whenever an application is moved for setting aside the ex-parte order by a party in person or through its counsel, a sufficient cause has to be explained for set....
1988 0 Supreme(Cal) 258 • India - Calcutta
J.N.HORE, A.K.SENGUPTA
The petitioner's application to set aside the ex parte order was rejected by the Magistrate on the grounds of timing and lack of ... Final Decision: The revisional application was rejected and the Rule was discharged. ... to set aside the ex parte order. ... The application under S. 126 (2) having been filed long after three months from the date of the ex parte order, the application was rightly rejected by the learned Magistrate.....
2009 0 Supreme(All) 2638 • India - Allahabad
POONAM SRIVASTAV
The application for setting aside the ex parte order was rejected in a cursory manner, and the court found the ex parte order to ... parte order, and the sufficiency of service on the tenant. ... the ex parte order for eviction of the tenant from a disputed shop. ... The prescribed authority rejected the application by means of order dated 27.10.1980. ... 3. ... Besides, the service on the tenant ....
2011 0 Supreme(Raj) 697 • India - Rajasthan
PRAMIL KUMAR MATHUR
Order 41 Rule 21 CPC allowed — Held — Decree obtained by putting forged signature — Ex parte order rightly rejected. ... C.P.C., Order 41 Rule 21 read with Rajasthan Tenancy Act, 1955, Sec. 88 and 188 — Setting aside ex parte order passed by appellate ... Court — Suit for declaration and partition dismissed by trial Court — Appeal against the order accepted ex parte — Application under
2006 0 Supreme(Del) 408 • India - Delhi
MADAN B.LOKUR
The petitioner's application for setting aside the ex-parte order was rejected by the DRT. ... The DRT passed an ex-parte order in favor of the bank, which was subsequently upheld by the Debt Recovery Appellate Tribunal (DRAT ... Issues: Non-repayment of loans, default on credit facilities, application for setting aside ex-parte order Ratio Decidendi ... Hence, he rejected the application under order 9 R. 13 CPC. ... In fact even f....
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