Niyam v2 is live — start for just ₹100 — 200 credits to try

february 2019

Supreme Court of India · 2019-02-07

A Murugesan vs Smt. Jamuna Rani

Citation / case number
AIRONLINE 2019 SC 2203
Court
Supreme Court of India
Petitioner
A Murugesan
Respondent
Smt. Jamuna Rani
Author
R. Subhash Reddy
Bench
R. Subhash Reddy, R. Banumathi

Judgment text excerpt

The Supreme Court held that the dismissal of the application under Order IX Rule 13 of the CPC was erroneous as the appellant demonstrated sufficient cause for non-appearance due to a court boycott and personal illness. The Court emphasized that the relevant consideration should focus solely on the reasons for absence on the specific date, rather than past events. Consequently, the Court set aside the orders of the lower courts and allowed the application for setting aside the ex-parte decree, thereby restoring the suit for trial.

A Murugesan vs Smt. Jamuna Rani · Niyam