Supreme Court · 2022 INSC 681 · Decided 11 July 2022

Nanda Dulal Pradhan & ANR. v. Dibakar Pradhan & ANR.

Court
Supreme Court of India
Citation
2022 INSC 681 · [2022] 7 S.C.R. 483
Case number
CIVIL APPEAL No. 4151/2022
Decided
11 July 2022
Bench
M.R. SHAH, B.V. NAGARATHNA (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
CPC; Constitution Article 226, 227

Headnote

Civil Procedure Code, 1908 - Or. IX r. 13 - Setting aside ex- parte decree - Permission to participate in suit proceedings and cross-examine witnesses in absence of written statement - First Appellate Court allowed defendant nos.2 and 3 to adduce evidence apart from setting held that mere setting aside the ex-parte judgment and decree would serve no purpose as the defendants cannot lead evidence in the absence of written statement filed by them and consequently setting aside the order passed by the First Appellate Court - Held: In the case of Sangram Singh,

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