Supreme Court · 2023 INSC 556 · Decided 18 May 2023
Arti Dixit & Anr v. Sushil Kumar Mishra & Ors
- Court
- Supreme Court of India
- Citation
- 2023 INSC 556 · [2023] 5 S.C.R. 728
- Case number
- CIVIL APPEAL No. 3858/2023
- Decided
- 18 May 2023
- Bench
- K.M. JOSEPH, HRISHIKESH ROY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 151; Limitation Act Section 123
Headnote
Provincial Small Cause Courts Act, 1887: s. 17 - Decree passed by a court of Small Causes ex-parte, under the proviso to s.17 - Application to set aside the ex-parte decree - Mandatory requirements - Held: Applicant must deposit in the court, the amount or should give security for the performance of the decree 'on a previous application' made by him in this behalf - Such application can be filed up to the date of the application u/ Ord. IX r. 13 and the security must be made available along with such application - On
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