Supreme Court of India · 2010-07-27
BHAGMAL vs KUNWAR LAL .
- Citation / case number
- SC 2004/18032
- Court
- Supreme Court of India
- Petitioner
- BHAGMAL
- Respondent
- KUNWAR LAL .
- Author
- V.S. SIRPURKAR
- Bench
- V.S. SIRPURKAR,MUKUNDAKAM SHARMA, , ,
Judgment text excerpt
The Supreme Court examined the application of Order IX Rule 13 CPC regarding the setting aside of an ex-parte decree. The Court held that the appellants' application was filed within 30 days of their knowledge of the decree, thus negating the need for a separate application for condonation of delay under Section 5 of the Limitation Act. The High Court's decision to restore the Trial Court's order was overturned, affirming the appellate court's finding that the appellants were entitled to a hearing on the merits of the case.