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august 1995

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.

VIJAYKUMAR DURGAPRASAD GAJBI vs KAMLABAI . · Niyam