Supreme Court · 2022 INSC 579 · Decided 17 May 2022
Sudhir Ranjan Patra (Dead) THR. LRS. & ANR. v. Himansu Sekhar Srichandan & ORS.
- Court
- Supreme Court of India
- Citation
- 2022 INSC 579 · [2022] 3 S.C.R. 381
- Case number
- CIVIL APPEAL No. 3641/2022
- Decided
- 17 May 2022
- Bench
- M.R. SHAH, B.V. NAGARATHNA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908: Ord. IX r. 13 - Setting aside ex-parte decree - On facts, application u/Ord. IX r. 13 by the appellants seeking condonation of delay, setting aside of an ex- parte decree and also to allow them to file written statement and to take merits - Trial court allowed the application by condoning the delay and set aside the ex-parte decree - In appeal, the High Court though upheld the order passed by the trial court, it held that the appellants cannot be permitted to file their written statement - On appeal, held:
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