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.