Supreme Court · 1997 INSC 194 · Decided 24 February 1997
MST. Bhabia Devi v. Permanand PD. Yadav
- Court
- Supreme Court of India
- Citation
- 1997 INSC 194 · [1997] 2 S.C.R. 465
- Case number
- SPECIAL LEAVE PETITION (CIVIL) No. 3559/1997
- Decided
- 24 February 1997
- Bench
- K. RAMASWAMY, G.T. NANAVATI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100
Headnote
B Code of Civil Procedure, 1908 : Order IX Rule 13-E.x parte decree-Application for setting aside-In a suit for specific perf omiance defendant did not appear~): pa1te decree C granted-Defendant filed application for setting it aside on the ground that notice was. not served on her-Finding put thumb impression on the notice and refused to acknowledge the registered cover-Be­ sides, High Court noticed another mode of service by way of Gazette publication-Held, it is clear that defendant has refused to accept the D notic:;,-She was rightly set ex parte-Special leave petition of
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