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september 2008

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.

RAMAIAH vs TMT. SARASU . · Niyam