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september 2008

Supreme Court of India · 2008-09-29

Ramaiah vs Tmt. Sarasu & Ors

Court
Supreme Court of India
Petitioner
Ramaiah
Respondent
Tmt. Sarasu & Ors
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that the Trial Court erred in rejecting the application under Order IX Rule 13 of the Code of Civil Procedure, 1908, as the appellant's name and address were incorrectly mentioned in the plaint, preventing proper service of summons. The Court found that the High Court also committed an error in confirming the Trial Court's order. Consequently, the appeal was allowed, the ex-parte decree was set aside, and the application under Order IX Rule 13 was granted.

Ramaiah vs Tmt. Sarasu & Ors · Niyam