Supreme Court · 2013 INSC 174 · Decided 19 March 2013
Sushil K. Chakravarty (D) THR. LRS. v. M/S. Tej Properties PVT. LTD.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 174 · [2013] 5 S.C.R. 243
- Case number
- CIVIL APPEAL No. 2600/2013
- Decided
- 19 March 2013
- Bench
- P. SATHASIVAM, J.S. KHEHAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
A B Code of Civil Procedure, 1908 - Order XX/I, rule 4(4) - Suit pending before High Court - Death of sole defendant during pendency of the suit - High Court proceeded with the C matter ex-parte, as against the sole defendant, without impleading his legal representatives in his place On facts, the defendant had filed a written statement but had thereafter failed to appear and contest the suit - High Court had taken a conscious decision u!Order XX/I Rule 4(4), D to proceed with the matter ex-parte as against interests of such a defendant, without first requiring the plaintiff
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