Supreme Court · 2021 INSC 570 · Decided 29 September 2021

Vishwabandhu v. Sri Krishna and ANR.

Court
Supreme Court of India
Citation
2021 INSC 570 · [2021] 9 S.C.R. 15
Case number
CIVIL APPEAL No. 6094/2021
Decided
29 September 2021
Bench
UDAY UMESH LALIT, S. RAVINDRA BHAT (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

Code of Civil Procedure, 1908 - Or. IX, r.13; Or. V, r.9(5) - Respondent no.2 filed suit for recovery against respondent no.1 alleging that he failed to refund the money received by him towards part sale consideration for sale of property - Summons sent to respondent no.1, suit decreed ex-parte in favour of respondent no.2 - In execution, the property was directed to be auctioned wherein the appellant was the highest bidder - Respondent no.1 filed application u/Or. IX, r.13 for setting aside the ex-parte decree - Dismissed - Appeal by

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