Supreme Court · 2010 INSC 433 · Decided 27 July 2010

Bhagmal & Ors v. Kunwar Lal & Ors

Court
Supreme Court of India
Citation
2010 INSC 433 · [2010] 8 S.C.R. 1104
Case number
CIVIL APPEAL No. 5875/2005
Decided
27 July 2010
Bench
V.S. SIRPURKAR, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Limitation Act Section 5

Headnote

Code of Civil Procedure, 1908 - Or. IX r. 13 - Setting C aside ex-parte decree-Application under- Dismissed by trial court holding it to be time barred - Allowed by appellate court - However, set aside by High Court - On appeal, held: Application u/o. IX r. 13 was filed on 08.071988, within 30 came to know o about the decree, thus, was within time - Due to compromise between the parties, appellants did not attend the suit and were not aware about the proceedings at all - They clearly pleaded that they came to know about the decree when they were served with the execution

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