Supreme Court of India · 2007-10-12
MAHABIR SINGH vs SUBHASH .
- Citation / case number
- SC 2005/8518
- Court
- Supreme Court of India
- Petitioner
- MAHABIR SINGH
- Respondent
- SUBHASH .
- Author
- HARJIT SINGH BEDI S.B. SINHA
- Bench
- HARJIT SINGH BEDI S.B. SINHA
Judgment text excerpt
The Supreme Court upheld the High Court's decision to allow the revision application under Order IX Rule 13 of the Code of Civil Procedure, affirming that the service of summons was duly executed and that the defendant's absence was intentional. The Court reiterated that an ex parte decree can be set aside only if the defendant proves non-service or sufficient cause for absence, which was not established in this case. The appeal was dismissed, maintaining the validity of the ex parte decree dated 19.2.1986.