Supreme Court of India · 2004-12-17
Bhanu Kumar Jain vs Archana Kumar & Anr
- Citation / case number
- AIR 2005 SUPREME COURT 626
- Court
- Supreme Court of India
- Petitioner
- Bhanu Kumar Jain
- Respondent
- Archana Kumar & Anr
- Author
- S.B. Sinha
- Bench
- N. Santosh Hegde, B.P. Singh, S.B. Sinha
Judgment text excerpt
The Supreme Court examined the remedies available under Order 9 Rule 13 of the Code of Civil Procedure concerning ex-parte decrees. The Court held that a defendant can seek to set aside an ex-parte decree by demonstrating sufficient cause for their absence. The judgment clarified the procedural limitations and the necessity for the defendant to present a valid defense to succeed in such applications, ultimately upholding the High Court's decision regarding the partition suit.