Supreme Court · 2002 INSC 258 · Decided 3 May 2002
P. Klran Kumar v. A.S. Khadar and ORS.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 258 · [2002] 3 S.C.R. 775
- Case number
- CIVIL APPEAL No. 3285/2002
- Decided
- 3 May 2002
- Bench
- V.N. KHARE, ASHOK BHAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 151; Motor Vehicles Act
Headnote
B Code of Civil Procedure, 1908-0rder IX Rule 13, Explanation-Scope of-Ex-parte decree-Appeal-Dismissal on ground of/imitation-Application for setting aside ex-parte decree-Maintainability of-Held, such application. C not maintainable. The question arose for consideration was whether the dismissal to Order IX Rule 13, CPC and creates a bar to the maintainability of an application under Order IX Rule 13, CPC for setting D aside an ex~parte decree. Allowing the appeals, the Court HELD : I.I. Reading of the explanation to Order IX Rule 13, CPC clearly indicates that if any appeal
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