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.