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july 2010

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.

BHAGMAL vs KUNWAR LAL . · Niyam