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december 2004

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.

Bhanu Kumar Jain vs Archana Kumar & Anr · Niyam