Laldhari Mistri(Dead) Thr. Lrs. vs Vijay Kumar

The Supreme Court addressed the application to set aside an ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908, emphasizing the necessity of justice over procedural technicalities. The Court found that the appellant had been unjustly denied relief despite the dubious nature of the opposing party's claims, particularly noting the absence of the party, Vijay Kumar, in court proceedings. Consequently, the Court set aside the orders of the lower courts, allowing the appellant's application to proceed.