Supreme Court of India · 2008-12-16
Mahesh Yadav & Anr vs Rajeshwar Singh & Ors
- Citation / case number
- AIR 2009 SUPREME COURT 1064
- Court
- Supreme Court of India
- Petitioner
- Mahesh Yadav & Anr
- Respondent
- Rajeshwar Singh & Ors
- Author
- S.B. Sinha
- Bench
- Cyriac Joseph, S.B. Sinha
Judgment text excerpt
The Supreme Court held that the application under Order IX Rule 13 of the Code of Civil Procedure was rightly accepted, allowing the appellants to contest the suit after being kept unaware of the proceedings due to the connivance of the respondents. The Court emphasized that the appellants provided satisfactory reasons for their lack of knowledge regarding the ex parte decree, thus justifying the rescission of the decree. The judgment of the High Court reversing the Munsif's order was set aside, allowing the appellants to revive their case.