Supreme Court of India · 2008-09-29
RAMAIAH vs TMT. SARASU .
- Citation / case number
- SC 2006/15882
- Court
- Supreme Court of India
- Petitioner
- RAMAIAH
- Respondent
- TMT. SARASU .
- Author
- B.N. AGRAWAL,G.S. SINGHVI, , ,
- Bench
- B.N. AGRAWAL,G.S. SINGHVI, , ,
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 (C.P.C.) for setting aside an ex-parte decree due to improper service of summons caused by incorrect details in the plaint. 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.