Supreme Court · 2003 INSC 190 · Decided 28 March 2003
Rajni Kumar v. Suresh Kumar Malhotra and ANR.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 190 · [2003] 3 S.C.R. 66
- Case number
- CIVIL APPEAL No. 2538/2003
- Decided
- 28 March 2003
- Bench
- S.S.M. QUADRI, ASHOK BHAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 4
Headnote
v. SURESH KUMAR MALHOTRA AND ANR. MARCH 28, 2003 B [SYED SHAH MOHAMMED QUADRI AND ASHOK BHAN. JJ.] Practice and Procedure: Civil Procedure C'ode,1908: 0.9. Rules II and 13, 0.34 und0.37, R.4: C Suit for recove1y-Trial Court decreed suit ex-parte-Dismissed application under Order 37 Rule 4 held, though appellant has shown sufficient cause for his absence on the date when court passed ex-parte D decree, he failed to disclose facts which would entitle him to defend the case­ Hence, High Court rightly declined to se1 aside ex-parte decree under 0.37 Rule 4-Since liability does not
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