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december 2007

Supreme Court of India · 2007-12-07

Bogidhola Tea & Trading Co. Ltd. And Anr vs Hira Lal Somani

Citation / case number
AIR 2008 SUPREME COURT 911
Court
Supreme Court of India
Petitioner
Bogidhola Tea & Trading Co. Ltd. And Anr
Respondent
Hira Lal Somani
Author
S.B. Sinha
Bench
S.B. Sinha, G.S. Singhvi

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellants' appeal for condonation of delay under Order 9 Rule 13 of the CPC, emphasizing that the appellants failed to demonstrate sufficient cause for the 10-month delay in filing their appeal against the ex-parte decree. The Court reiterated that the absence of the appellants during the trial and their lack of awareness of the decree did not constitute valid grounds for condonation. The judgment of the Gauhati High Court was affirmed, maintaining the decree for Rs. 5,22,669.66 in favor of the respondent.

Bogidhola Tea & Trading Co. Ltd. And Anr vs Hira Lal Somani · Niyam