#Order IX Rule 9 CPC

Andhra Pradesh High Court holds that divorce petitions based on continuing cruelty or desertion under the Hindu Marriage Act are not barred by Order IX Rule 9 CPC, even if earlier petitions were dismissed for default. The ruling clarifies that a persisting cause of action allows fresh filings, ensuring access to justice in matrimonial disputes.

The Andhra Pradesh High Court has ruled that Order IX Rule 9 CPC cannot bar a fresh suit if the cause of action emerged after the earlier proceeding was voluntarily withdrawn, distinguishing res judicata from situations involving new wrongful acts. This clarifies that litigants are not penalized for pursuing remedies after a prior case ends without adjudication on merits, protecting access to justice in evolving property disputes.

Bombay HC sets aside a trial court’s dismissal of a suit for non-appearance, holding that an affidavit with substantive reasons meets Order IX Rule 9 CPC’s requirement of 'sufficient cause.' The ruling underscores that procedural fairness demands evaluation of merits, not mere technical compliance, and directs expedited disposal within ten months.

Bombay High Court holds that filing a Regular Civil Appeal instead of a Miscellaneous Appeal under Section 141 CPC does not invalidate the decree if no objection was raised below.