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

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