ASHWANI KUMAR TIWARI AND OTHERS vs HRIDAY NARAIN AWASTHI AND OTHERS — 41/2021

Case under Code of Civil Procedure Section 115. Disposed: Contested--DISPOSED on 01st April 2026.

Case disposed

Civil Revision

CNR: UPLK010084772021

Filing Number

1064/2021

Filing Date

28-Jul-2021

Registration No

41/2021

Registration Date

06-Aug-2021

Court

District and Session Judge

Judge

4-Additional District and Sessions Judge Court No 5

Decision Date

01-Apr-2026

Nature of Disposal

Contested--DISPOSED

Last updated 10-Jul-2026

Acts & Sections

Code of Civil Procedure Section 115

Petitioner(s)

  1. 1.ASHWANI KUMAR TIWARI AND OTHERS

    Adv. VIMAL KUMAR

Respondent(s)

  1. 1.HRIDAY NARAIN AWASTHI AND OTHERS

Case History

  1. Case disposedDisposed

  2. 01-Apr-2026

    Appeal is dismissedView PDF

    Case Summary: Civil Revision 41/2021 Court Decision: The Additional District and Sessions Judge Court dismissed the civil revision petition filed by Ashwani Kumar Tiwari and upheld the lower court's order dated 26.02.2021. The court rejected the petitioner's challenge to the reinstatement of original suit no. 269/2003 under CPC Order 9 Rule 13, which had been set aside as an ex-parte decree. Key Reasoning: The court found that the lower court properly accepted the respondent's application to set aside the ex-parte decree, as there were sufficient grounds including improper service of summons and the respondent's subsequent appearance through counsel. The court declined to overturn this decision on technical grounds, emphasizing that cases should be resolved on merit (guna-dosha) rather than procedural technicalities, and that natural justice principles required the respondent an opportunity to present their case. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 01-Apr-2026

    Disposed

    Additional District and Sessions Judge Court No 5

  4. 25-Mar-2026

    Hearing

    Additional District and Sessions Judge Court No 5

  5. 19-Mar-2026

    Hearing

    Additional District and Sessions Judge Court No 5

  6. 20-Feb-2026

    Hearing

    Additional District and Sessions Judge Court No 5

  7. 30-Jan-2026

    Hearing

    Additional District and Sessions Judge Court No 5

  8. 06-Dec-2025

    Hearing

    Additional District and Sessions Judge Court No 5

  9. 17-Nov-2025

    Hearing

    Additional District and Sessions Judge Court No 5

  10. 12-Nov-2025

    Hearing

    Additional District and Sessions Judge Court No 5

  11. 14-Oct-2025

    Hearing

    Additional District and Sessions Judge Court No 5

  12. 06-Sep-2025

    Hearing

    Additional District and Sessions Judge Court No 5

  13. 26-Aug-2025

    Hearing

    Additional District and Sessions Judge Court No 5

  14. 08-Aug-2025

    Hearing

    Additional District and Sessions Judge Court No 5

  15. 25-Jul-2025

    Hearing

    Additional District and Sessions Judge Court No 5

  16. 15-Jul-2025

    Hearing

    Additional District and Sessions Judge Court No 5

  17. 28-May-2025

    Hearing

    Additional District and Sessions Judge Court No 5

  18. 15-May-2025

    Hearing

    Additional District and Sessions Judge Court No 5

  19. 04-Apr-2025

    Hearing

    Additional District and Sessions Judge Court No 5

  20. 03-Mar-2025

    Hearing

    Additional District and Sessions Judge Court No 5

  21. 23-Jan-2025

    Hearing

    Additional District and Sessions Judge Court No 5

  22. 22-Jan-2025

    Hearing

    Additional District and Sessions Judge Court No 5

  23. 16-Dec-2024

    Hearing

    Additional District and Sessions Judge Court No 5

  24. 30-Nov-2024

    Hearing

    Additional District and Sessions Judge Court No 5

  25. 30-Oct-2024

    Hearing

    Additional District and Sessions Judge Court No 5

  26. 17-Sep-2024

    Hearing

    Additional District and Sessions Judge Court No 5

  27. 09-Aug-2024

    Hearing

    Additional District and Sessions Judge Court No 5

  28. 26-Jul-2024

    Hearing

    Additional District and Sessions Judge Court No 5

  29. 16-Jul-2024

    Hearing

    Additional District and Sessions Judge Court No 5

  30. 02-Jul-2024

    Hearing

    Additional District and Sessions Judge Court No 5

  31. 15-May-2024

    Hearing

    Additional District and Sessions Judge Court No 5

  32. 06-Apr-2024

    Hearing

    Additional District and Sessions Judge Court No 5

  33. 16-Mar-2024

    Hearing

    Additional District and Sessions Judge Court No 5

  34. 23-Feb-2024

    Hearing

    Additional District and Sessions Judge Court No 5

  35. 22-Jan-2024

    Hearing

    Additional District and Sessions Judge Court No 5

  36. 14-Dec-2023

    Hearing

    Additional District and Sessions Judge Court No 5

  37. 04-Nov-2023

    Hearing

    Additional District and Sessions Judge Court No 5

  38. 11-Oct-2023

    Hearing

    Additional District and Sessions Judge Court No 5

  39. 08-Sep-2023

    Hearing

    Spl. Judge P.c.act IX

  40. 17-Jul-2023

    Hearing

    Spl. Judge P.c.act IX

  41. 20-May-2023

    Hearing

    Spl. Judge P.c.act IX

  42. 24-Apr-2023

    Hearing

    Spl. Judge P.c.act IX

  43. 05-Apr-2023

    Hearing

    Spl. Judge P.c.act IX

  44. 21-Mar-2023

    Hearing

    Spl. Judge P.c.act IX

  45. 27-Jan-2023

    Hearing

    Spl. Judge P.c.act IX

  46. 07-Jan-2023

    Hearing

    Spl. Judge P.c.act IX

  47. 25-Nov-2022

    Hearing

    Spl. Judge P.c.act IX

  48. 15-Oct-2022

    Hearing

    Spl. Judge P.c.act IX

  49. 16-Sep-2022

    Hearing

    Spl. Judge P.c.act IX

  50. 18-Aug-2022

    Hearing

    Spl. Judge P.c.act IX

  51. 15-Jul-2022

    Hearing

    Spl. Judge P.c.act IX

  52. 26-May-2022

    Hearing

    Spl. Judge P.c.act IX

  53. 12-Apr-2022

    Hearing

    Spl. Judge P.c.act IX

  54. 22-Feb-2022

    Hearing

    Spl. Judge P.c.act IX

  55. 13-Jan-2022

    Hearing

    Spl. Judge P.c.act IX

  56. 04-Dec-2021

    Hearing

    Spl. Judge P.c.act IX

  57. 02-Nov-2021

    Hearing

    Spl. Judge P.c.act IX

  58. 04-Oct-2021

    Hearing

    Spl. Judge P.c.act IX

  59. 03-Sep-2021

    First hearing

    Initial hearing scheduled

  60. 28-Jul-2021

    Case filed

    Registration No. 41/2021

casestatus.in Summary

Case Summary: Civil Revision 41/2021 Court Decision: The Additional District and Sessions Judge Court dismissed the civil revision petition filed by Ashwani Kumar Tiwari and upheld the lower court's order dated 26.02.2021. The court rejected the petitioner's challenge to the reinstatement of original suit no. 269/2003 under CPC Order 9 Rule 13, which had been set aside as an ex-parte decree. Key Reasoning: The court found that the lower court properly accepted the respondent's application to set aside the ex-parte decree, as there were sufficient grounds including improper service of summons and the respondent's subsequent appearance through counsel. The court declined to overturn this decision on technical grounds, emphasizing that cases should be resolved on merit (guna-dosha) rather than procedural technicalities, and that natural justice principles required the respondent an opportunity to present their case. This case analysis is maintained by casestatus.in based on publicly available court records.

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