Supreme Court · 2008 INSC 1079 · Decided 23 September 2008
Bank of India v. M/S Mehta Brothers & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1079 · [2008] 13 S.C.R. 900
- Case number
- CIVIL APPEAL No. 2982/2001
- Decided
- 23 September 2008
- Bench
- TARUN CHATTERJEE, DALVEER BHANDARI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
900 A BANK OF INDIA \/. M/S MEHTA BROTHERS & ORS. (Civil Appeal No. 2982 oF 2001) B SEPTEMBER 23, 2008. [TARUN CHATTERJEE AND DALVEER BHANDARI JJ.] Code of Civil Procedure, 1908 - 0. 9 r. 13 and its pro- viso - Scope of - In an application for setting aside the ex- c parte decree whether aside the ex-parte decree, but also against all or any of the other defendants, regardless of the D fact whether they appeared, contested or not - The term "de- cree" in the first proviso actually meant a decree in general and not ex-parte decree. A suit filed by appellant-Bank was
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