Supreme Court · 2011 INSC 110 · Decided 8 February 2011
Parimal v. Veena @ Bharti
- Court
- Supreme Court of India
- Citation
- 2011 INSC 110 · [2011] 2 S.C.R. 648
- Case number
- CIVIL APPEAL No. 1467/2011
- Decided
- 8 February 2011
- Bench
- P. SATHASIVAM, B.S. CHAUHAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CrPC Section 125; CPC; Evidence Act Section 114; Limitation Act Section 5
Headnote
Code of Civil Procedure, 1908: Order IX Rule 13, second proviso - Ex parte decree, when can be set aside - Held: 'An C ex-parte decree can be set aside if the defendant satisfies the court that summons were not duly seNed or he was prevented by sufficient cause from appearing when the suit was set aside the said decree on mere irregularity in- the seNice of summons or in D a case where defendant had notice of the date and sufficient time to appear in the court - In order to determine the application under Order IX, Rule 13, the test that has to be applied is whether the defendant
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