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.