P Kiran Kumar vs A.S. Khadar & Ors

The Supreme Court held that the dismissal of an appeal against an ex-parte decree on the grounds of limitation does not bar an application under Order IX Rule 13 of the Code of Civil Procedure for setting aside the ex-parte decree. The Court clarified that the provisions of the explanation to Order IX Rule 13 CPC are not applicable in such circumstances, allowing the respondents to seek redress for the ex-parte award. The Court upheld the Tribunal's decision to set aside the ex-parte proceedings and restore the case for fresh disposal.