Supreme Court · 2004 INSC 41 · Decided 20 January 2004

Raj Kumar v. Sardari Lal

Court
Supreme Court of India
Citation
2004 INSC 41 · [2004] 1 S.C.R. 838
Case number
CIVIL APPEAL No. 400/2004
Decided
20 January 2004
Bench
R.C. LAHOTI, ASHOK BHAN (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 146; Transfer of Property Act Section 52; Limitation Act Section 5

Headnote

Code a/Civil Procedure, 1908-0rder 9 Rule 13, Order 22 Rule JO and Section 146-Transfer of property pending suit thereon-Suit decreed ex- C parte against transferor-Setting aside of decree not by transferor but by a person who did not come or was not brought on record promptly­ Maintainability to move application under Order 9 Rule 13 to set aside the decree passed against his transferor­ defendant in suit-Word 'he· under Order 9 Rule 13 is not to be construed D rigidly and restrictively so as to exclude person stepping into the shoes of transferor-defendant, from moving

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