Supreme Court of India · 2019-02-01
G.RATNA RAJ (DEAD) BY LRS. vs SRI MUTHUKUMARASAMY PERMANENT FUND LTD AND ANR.
- Citation / case number
- SC 2008/10136
- Court
- Supreme Court of India
- Petitioner
- G.RATNA RAJ (DEAD) BY LRS.
- Respondent
- SRI MUTHUKUMARASAMY PERMANENT FUND LTD AND ANR.
- Author
- HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
- Bench
- HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
Judgment text excerpt
The Supreme Court upheld the High Court's decision that the preliminary decree dated 25.02.2003 was an ex parte decree, allowing the application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 for setting aside the decree. The Court clarified that an ex parte decree can be challenged under the specified provision, thus establishing that the nature of the decree determines the maintainability of such applications. The appeals were allowed, reversing the Single Judge's dismissal of the applications.