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
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)