Supreme Court · 2022 INSC 58 · Decided 18 January 2022
Mamtaz & ORS. v. Gulsuma Alias Kulusuma
- Court
- Supreme Court of India
- Citation
- 2022 INSC 58 · [2022] 1 S.C.R. 984
- Case number
- CIVIL APPEAL No. 315/2022
- Decided
- 18 January 2022
- Bench
- M.R. SHAH, SANJIV KHANNA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 96
Headnote
Civil Procedure Code, 1908 - Or.9 r 13 - sec. 96 - Ex-Parte Decree - Setting aside - Power of Appellate Court - Condonation of Delay - In Absence of Application - The appellants filed a suit for declaration and possession - Ex-parte decree was against the respondents - Appeal was preferred by the respondents before the First Appellate Court after delay of 2 years and 7 months - Respondent filed application for condonation of delay, however he withdrew the same later on - First Appellate Court dismissed the appeal
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