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september 1996

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.

C.K. LOKESH vs P.E. PANDURANGA NAIDU · Niyam