AI Overview...
-
Pro Forma Defendant - A defendant who is included in a suit primarily for procedural purposes, often without active participation or claim for relief. They are typically served but may not appear or contest the suit; an ex parte decree can be passed against them if they do not contest or appear Uma Shankar Mishra VS Pradeep Singh - Patna, STATE OF ORISSA VS KISHORE CHANDRA SAHU - Orissa, Star India Pvt. Ltd. VS Airhdx. Com - Delhi, PARBATU VS PANO DEVI - Himachal Pradesh.
-
Ex Parte Orders and Decrees - Courts may pass ex parte orders or decrees against pro forma defendants when they fail to appear or contest the suit despite service of notice. Such decrees are valid unless set aside or challenged through appropriate proceedings Uma Shankar Mishra VS Pradeep Singh - Patna, STATE OF ORISSA VS KISHORE CHANDRA SAHU - Orissa, Star India Pvt. Ltd. VS Airhdx. Com - Delhi.
-
Procedure for Setting Aside Ex Parte Decree - Defendants, including pro forma defendants, can apply to set aside ex parte decrees by demonstrating valid grounds such as lack of notice or procedural irregularities. Applications are considered under specific rules like Order IX Rule 13 CPC BABUSINGH VS GODAWARI - Nagpur.
-
Rights of Pro Forma Defendants - Generally, pro forma defendants do not have a locus standi to contest or appeal unless their interest is directly affected by the decree. Their role is mainly procedural, and they may be added or transposed as parties during proceedings Daroga Prasad Singh VS Lal Babu Singh - Patna, Abdul Parida VS Dinabandhu Pahi - Orissa.
-
Implementation in Various Cases - Courts have applied these principles across different suits, including title suits, partition suits, and recovery suits, emphasizing that failure to appear results in ex parte orders against pro forma defendants, who can later seek relief from such orders Shivia VS State of Rajasthan - Rajasthan, STATE OF ORISSA VS KISHORE CHANDRA SAHU - Orissa, Managing Director, JKPDC VS Abdul Rashid Naikoo - Jammu and Kashmir.
Analysis and Conclusion:
A Pro Forma Defendant is a procedural party included in suits mainly for formal reasons, often without active participation. Courts can pass ex parte orders against them if they do not appear or contest the suit, but such orders are subject to challenge through appropriate review or setting aside procedures. Their rights to contest are limited unless their interests are directly impacted. These principles are consistently upheld across various civil proceedings, ensuring procedural fairness while streamlining case management Uma Shankar Mishra VS Pradeep Singh - Patna, STATE OF ORISSA VS KISHORE CHANDRA SAHU - Orissa, BABUSINGH VS GODAWARI - Nagpur.
References:
- Uma Shankar Mishra VS Pradeep Singh - Patna, STATE OF ORISSA VS KISHORE CHANDRA SAHU - Orissa, Star India Pvt. Ltd. VS Airhdx. Com - Delhi, PARBATU VS PANO DEVI - Himachal Pradesh, BABUSINGH VS GODAWARI - Nagpur, Abdul Parida VS Dinabandhu Pahi - Orissa, Managing Director, JKPDC VS Abdul Rashid Naikoo - Jammu and Kashmir, Daroga Prasad Singh VS Lal Babu Singh - Patna
Search Results for "Pro Forma Defendant Ex Parte Order"
2006 0 Supreme(Pat) 631 • India - Patna
SYED MD.MAHFOOZ ALAM
passed ex-parte against the pro-forma defendant in the title suit-Nothing on record to show that he had any knowledge about the ... ... Code of Civil Procedure 1908-Order XIII Rule 3-Compromise decree ... It is the admitted position that Lal Bihari Mishra was proforma defendant in Title Suit No. 75 of 1923 and Ext. 10 shows that decree was passed against him ex parte. There is nothing on record to show that Lal Bihari Mishra had appeared in the suit. ... However, the....
1955 0 Supreme(P&H) 31 • India - Punjab and Haryana
BHANDARI, KHOSLA, S.S.DULAT
Defendants 2 to T are pro forma ". ... 2 to 7 had been described in the plaint as pro forma; and (d) that no relief had been claimed, and no decree awarded, against them ... Defendants 1 to 7 were impleaded as defendants but relief was claimed only against defendant 1 and none against defendants 2 to 7 ... Nor does it of course speak of a pro forma defendant or any other kind of ....
2000 0 Supreme(Raj) 746 • India - Rajasthan
RAJESH BALIA
C.P.C., Order 47, Rule 7 – Procedure for considering review of order passed by Court – Allowed review application without issuing ... by way of separate appeal against the order granting review or by raising the grounds of invalidity of order granting review application ... in his appeal against the order or decree which may be finally passed in those proceedings. ... against the order granting review, to which the pro forma defendant#HL_EN....
2022 0 Supreme(Del) 802 • India - Delhi
NAVIN CHAWLA
any written statement or contest suit – They were accordingly proceeded ex-parte in present suit –Since defendant nos.1 to 11 have ... not to enter appearance in present suit despite service of notice, in court opinion, suit can be heard and decided summarily – Defendant ... Civil Procedure Code, 1950 – Section 151 – Order XIII-A – Order I Rule 10 – Delhi High Court Intellectual ... Thereafter, the defendant no. 12, being a pro forma defend....
1959 0 Supreme(Ori) 53 • India - Orissa
G.C.DAS, S.BARMAN
... ( 2 ) DEFENDANT No. 1 was the State of Orissa to the suit and the pro forma defendant was one Dasarathi Sahu. ... The 1st defendant that is the State of Orissa, did not file any written statement although time had been granted by the trial Court. Consequently the suit was heard ex parte and an ex parte order was passed on 1-4-1954 and the decree was drawn up on 9-4-1954. ... The trial Court by this order decreed the plaintiffs s....
1929 0 Supreme(Nagpur) 32 • India - Nagpur
SUBHEDAB
Defendant 3 and 4 made applications to set aside the ex parte decree absolute, which were rejected by the lower Court. ... Defendant 4 filed an appeal in the lower appellate Court, and defendant 3 filed cross-objections to the final decree for foreclosure ... to the order passed in Misc. ... That being the case his mere addition as pro forma respondent in the appeal would not entitle him to raise any cross-objection to the order appealed against. .......
1959 0 Supreme(Ori) 64 • India - Orissa
R.L.NARASIMHAM, J.K.MISRA
transferee of a minor, Jadu, filed a suit for partition of the disputed property, which was gifted by Jadu's Kartha, Adhikary, to defendant ... The defendants pleaded adverse possession and limitation. ... In the plaint the plaintiffs vendor Jadu was impleaded as a pro forma defendant No. 8 and he remained ex parte. At a later stage the plaintiff applied to the trial Court for transposing defendant No. 8 as a co-plaintiff. ... On the contrary, he made him only a #HL_S....
2010 0 Supreme(J&K) 227 • India - Jammu and Kashmir
MANSOOR AHMAD MIR
CPC - Recovery Suit - Order XXXVII, Order XV, Rule 4, Order XII, Rule 6 - The court found that the trial court did not follow ... The trial court decreed the suit based on alleged admissions by the defendants. ... the procedure prescribed by the CPC for suits presented under Order XXXVII. ... State has not preferred an appeal and is pro forma respondent herein. While as defendant No.2 is appellant No.1. Defendants 3-6 -appellants 2-....
1979 0 Supreme(Pat) 24 • India - Patna
HARI LAL AGRAWAL
the defendants interest is affected by the decree such defendant has locus standi to make an application - Decree passed exparte ... Code of Civil Procedure, O. 9 R. 13-Decree is passed exparte against the defendant meaning of-Where exparte decree does not affect ... the interest any defendant who has been exempted or against whom the suit has been dismissed has no right to make an application-Where ... The co-lessor was also impleaded as a pro forma defendant. The su....
1994 0 Supreme(HP) 65 • India - Himachal Pradesh
KAMLESH SHARMA
during the life time of donee she had no cause of action to challenge the gift on the ground that it was obtained by respondents/defendants ... She had objected to the attestation of mutation and had filed appeal against the order of mutation but thereafter kept quiet. She did not care to put in appearance in the civil suit despite service on her as pro forma defendant and was proceeded against ex-parte. ... Karju, who was impleaded as pro-forma #HL_....
Filter by Legal Phrase
