Supreme Court · 2019 INSC 643 · Decided 7 May 2019

Bhivchandra Shankar More v. Balu Gangaram More & ORS.

Court
Supreme Court of India
Citation
2019 INSC 643 · [2019] 7 S.C.R. 298
Case number
CIVIL APPEAL No. 4669/2019
Decided
7 May 2019
Bench
R. BANUMATHI, R. SUBHASH REDDY (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 96(2)

Headnote

Code of Civil Procedure, 1908: Or. IX r. 13 and s. 96(2) - Setting aside decree ex parte against defendant - Suit for partition by respondents no.1 to 13 decreed ex-parte - Application u/Or. IX r. 13 by the appellant and respondents No.14 and 15 - Dismissed by the Appeal by appellant and respondents No.14 and 15 - Withdrawal of the said appeal after three years - On the next day, the appellant and respondents No.14 and 15 filed an appeal challenging the ex-parte decree in the suit - Parties also filed application for condonation of delay

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