Supreme Court of India · 2009-01-06
MUNILAKSHMAMMA vs B.V. SAMPATH
- Citation / case number
- SC 2007/3741
- Court
- Supreme Court of India
- Petitioner
- MUNILAKSHMAMMA
- Respondent
- B.V. SAMPATH
- 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 not setting aside the ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908. The Court found that the High Court's confirmation of the Trial Court's order was incorrect, leading to the allowance of the appeal. Consequently, the ex-parte decree was set aside, and the defendants were directed to file their written statement within two months, after which the suit would be decided according to law.