Supreme Court · 2007 INSC 1249 · Decided 7 December 2007

Bogidhola Tea and Trading CO. LTD. and ANR. v. Hira Lal Somani

Court
Supreme Court of India
Citation
2007 INSC 1249 · [2007] 12 S.C.R. 1153
Case number
CIVIL APPEAL No. 5771/2007
Decided
7 December 2007
Bench
S.B. SINHA, G.S. SINGHVI (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
CPC; Limitation Act Section 3

Headnote

B Code of Civil Procedure, I 908-0. 8 r. I 0-Jnvoking of-Suit­ Non-appearance of defendant despite service of summons-Prayer for decree under 0.8 r. I 0-Plaintiff declined to examine any witness-Ex- C parte decree-Application for setting aside ex-pa rte decree on the ground that suit was was duty of Court to consider if suit was barred by limitation even when no such defence raised-Jn case suit barred by limitation, Court had no jurisdiction to D pass decree-Even otherwise, plaintiff was bound to prove his case­ Trial Court erred in invoking 0.8 r.10-Ex parte decree set

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