Supreme Court · 1993 INSC 48 · Decided 5 February 1993
Salil Dutta v. T.M. and M.C. Private LTD.
- Court
- Supreme Court of India
- Citation
- 1993 INSC 48 · [1993] 1 S.C.R. 794
- Case number
- CIVIL APPEAL No. 429/1993
- Decided
- 5 February 1993
- Bench
- K. JAYACHANDRA REDDY, B.P. JEEVAN REDDY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 9
Headnote
v. T.M. AND M.C. PRIVATE LTD. FEBRUARY 5, 1993 (K. JAYACHANDRA REDDY AND B.P. JEEVAN REDDY, JJ.) COde of Civil Procedure, 1908: Order 9, Rule 13-Setting aside ex-parte decree against defen­ C dant-Cause for non-appean;nce-lmproper advice of advocate-Whether a sufficient cause-Held: was decreed ex-psrte by tbe trial ~ court since neither the advocate nor the respondent-tenant, appeared .,. when tbe case came up for final-hearing. Thereafter, tbe respondent-com· pany filed an application to set aside tbe ex-psrte decree, stating tbat tbe non-appearance of tbe
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