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may 2002

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.

P. KIRAN KUMAR vs A.S. KHADAR . · Niyam