Supreme Court of India · 1995-08-24
VIJAYKUMAR DURGAPRASAD GAJBI vs KAMLABAI .
- Citation / case number
- SC 1993/88999
- Court
- Supreme Court of India
- Petitioner
- VIJAYKUMAR DURGAPRASAD GAJBI
- Respondent
- KAMLABAI .
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court dismissed the appeal under Article 136 of the Constitution, affirming the High Court's decision which upheld the trial court's dismissal of the appellants' application to set aside an ex-parte order under Order 9 Rule 13, CPC. The Court found that the appellants failed to provide a satisfactory explanation for their non-appearance and were not diligent in prosecuting the suit, which had been pending since 1983. The Court held that allowing the appeal would further prolong the litigation without just cause.