Supreme Court · 2008 INSC 1451 · Decided 16 December 2008

Mahesh Yadav & ANR. v. Rajeshwar Singh & ORS.

Court
Supreme Court of India
Citation
2008 INSC 1451 · [2008] 17 S.C.R. 726
Case number
CIVIL APPEAL No. 7316/2008
Decided
16 December 2008
Bench
S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Constitution Article 142

Headnote

CODE OF CIVIL PROCEDURE, 1908: I Or. 9, r. 13, proviso - Setting aside of decree ex-parte ~ c against some of the defendants - Trial court setting aside ex parte decree- High Court reversing order of trial court - Held: Proviso to r. 13 postulates that when an ex-parte decree has been passed defendants and it is necessary to set aside the :entire decree, they may file an D application to set aside ex-parte decree and court is not powerless in this regard - High Court was not correct in holding that because a joint written statement was filed, an application for ex-parte decree was not

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