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january 2009

Supreme Court of India · 2009-01-06

Munilakshmamma & Anr vs B.V. Sampath & Anr

Court
Supreme Court of India
Petitioner
Munilakshmamma & Anr
Respondent
B.V. Sampath & Anr
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that the Trial Court erred in not setting aside the ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908. The Court found that the appellants had sufficient grounds to challenge the decree, and thus allowed the appeal, setting aside the orders of the Trial Court and the High Court. The appellants were directed to file their written statement within two months, and the suit was to be decided in accordance with law thereafter.

Munilakshmamma & Anr vs B.V. Sampath & Anr · Niyam