Supreme Court of India · 1996-09-20
C.K. LOKESH vs P.E. PANDURANGA NAIDU
- Citation / case number
- SC 1996/78327
- Court
- Supreme Court of India
- Petitioner
- C.K. LOKESH
- Respondent
- P.E. PANDURANGA NAIDU
- Author
- G.B. PATTANAIK K. RAMASWAMY
- Bench
- G.B. PATTANAIK K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the appellant was not properly served as required under Order 5 CPC, which led to the ex-parte decree being set aside. The Court affirmed the District Judge's decision to condone the delay in filing the application under Order 9, Rule 13 CPC, as the appellant had no knowledge of the proceedings until 1990. The High Court's interference with the District Judge's order was deemed erroneous, and the appeal was allowed, reinstating the District Judge's ruling.