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october 2007

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.

MAHABIR SINGH vs SUBHASH . · Niyam