G.Ratna Raj (Dead) By Lrs. vs Sri Muthukumarasamy Permanent Fund Ltd ...

The Supreme Court held that the preliminary decree dated 25.02.2003 was indeed an ex parte decree, thus allowing the application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 for setting it aside. The Court emphasized that the maintainability of such an application is contingent upon the nature of the decree, and since the Division Bench of the High Court found it to be ex parte, the appeal was allowed. Consequently, the civil suit was restored for disposal on merits, reversing the Single Judge's decision.