The High Court of Bombay dismissed the Notice of Motion seeking to set aside an ex-parte decree dated 21 January 2004. The discharge was granted because the applicant failed to annex or produce a copy of the decree at the time of filing.
Notice of Motion dismissed with liberty to file a fresh Notice of Motion if so advised.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.2766 OF 2006 IN
SUIT NO.393 OF 1987
Velji Mawji Satwara versus
M.V.Chaturvedi and others
Plaintiff
Defendants
None for the plaintiff.
Mr.K.R.Parekh i/by M/s.K.R.Parekh & Co. for defendant nos. 1,5,10,11,15,18,19,20 and 22. Mr.Warerkar i/by Warerkar & Warerkar & Co. for defendant no.4.
CORAM : S.J.KATHAWALLA, J.
PC :
(S.J.KATHAWALLA, J.)
1 issue framed by the court
Whether the Notice of Motion seeking setting aside an ex-parte decree can be dismissed due to non-production of a copy of the decree.
Velji Mawji Satwara
M.V.Chaturvedi
Others
S.J.Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
