Supreme Court of India · 2004-12-17
BHANU KUMAR JAIN vs ARCHANA KUMAR &ANR.
- Citation / case number
- SC 2003/4386
- Court
- Supreme Court of India
- Petitioner
- BHANU KUMAR JAIN
- Respondent
- ARCHANA KUMAR &ANR.
- Bench
- N. SANTOSH HEGDE, B.P. SINGH & S.B. SINHA
Judgment text excerpt
The Supreme Court examined the remedies available to a defendant against an ex-parte decree under Order 9 Rule 13 of the Code of Civil Procedure, emphasizing that a defendant can seek to set aside such a decree if they can demonstrate sufficient cause for their absence. The Court held that the limitation period for filing an application under this rule is governed by the specific provisions of the Code, and the appeal was allowed, setting aside the High Court's order that had dismissed the application for being time-barred. The judgment clarifies the procedural rights of defendants in civil suits regarding ex-parte decrees.