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july 2010

Supreme Court of India · 2010-07-27

Bhagmal & Ors vs Kunwar Lal & Ors

Citation / case number
AIR 2010 SUPREME COURT 2991
Court
Supreme Court of India
Petitioner
Bhagmal & Ors
Respondent
Kunwar Lal & Ors
Author
V.S. Sirpurkar
Bench
V.S. Sirpurkar, Mukundakam Sharma

Judgment text excerpt

The Supreme Court held that the application under Order IX Rule 13 of the Civil Procedure Code (CPC) for setting aside an ex-parte decree must be filed within the prescribed time limit, and the appellants' claim of ignorance due to a prior compromise was insufficient to justify the delay. The Court found that the High Court correctly restored the Trial Court's order dismissing the application as time-barred, emphasizing the necessity of adhering to procedural timelines. The appeal was dismissed, affirming the lower court's decision.

Bhagmal & Ors vs Kunwar Lal & Ors · Niyam