Supreme Court · 2022 INSC 931 · Decided 6 September 2022
G.N.R. Babu @ S.N. Babu v. DR. B.C. Muthappa & ORS.
- Court
- Supreme Court of India
- Citation
- 2022 INSC 931 · [2022] 11 S.C.R. 203
- Case number
- CIVIL APPEAL No. 6228/2022
- Decided
- 6 September 2022
- Bench
- AJAY RASTOGI, ABHAY S. OKA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 96, 105
Headnote
Code of Civil Procedure, 1908 - ss.96, 105 & Or.IX, r.13 - Ex-parte decree against defendant - Appeal u/s.96 - Scope of adjudication - Ex-parte decree was passed against the appellant- defendant in the suit filed by first respondent - Plea of the appellant on merits proceeded on the basis that the issue regarding the failure to serve the suit summons can be agitated only in an application filed for setting aside ex-parte decree by invoking r.13 of Or.IX - Correctness of - Held: The appellant while challenging ex- parte decree by
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)