Supreme Court of India · 2002-05-03
P. KIRAN KUMAR vs A.S. KHADAR .
- Citation / case number
- SC 2001/17637
- Court
- Supreme Court of India
- Petitioner
- P. KIRAN KUMAR
- Respondent
- A.S. KHADAR .
- Bench
- V.N. KHARE & ASHOK BHAN
Judgment text excerpt
The case examines whether the dismissal of an appeal against an ex-parte decree on the grounds of limitation triggers the explanation to Order IX Rule 13 of the Code of Civil Procedure. Specifically, it addresses if such a dismissal creates a legal bar to the maintainability of a subsequent application under Order IX Rule 13 to set aside the original ex-parte decree. The court analyzes the interplay between the limitation period for appeals and the procedural remedy for setting aside ex-parte orders.