Supreme Court · 2004 INSC 637 · Decided 4 November 2004
Shyam Sundar Sarma v. Pannalal Jaiswal and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 637 · [2004] SUPP. 5 S.C.R. 931
- Case number
- CIVIL APPEAL No. 5550/2004
- Decided
- 4 November 2004
- Bench
- R.C. LAHOTI, G.P. MATHUR, P.K. BALASUBRAMANYAN (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution Article 227; Limitation Act Section 5
Headnote
Code of Civil Procedure, 1908; Order IX Rule 13 and Explanation thereunder/Limitation Act; Section 5: A B c Title Suit-Decreed ex-parte by trial Court-Filing of appeal and also petition for setting aside ex-parte decree along with applications for condonation of delay-Appellate C9urt dismissed the dismissed by the Trial Court as appeal was not withdrawn-Affirmed by High Court-On appeal, D Held: Decision of the Appellate Court in dismissing the application for condonation of delay and consequently dismissing the appeal for default amounts to a decision on the appeal-Dismissal
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