P KIRAN KUMAR Vs. A S KHADAR
LAWS(SC)-2002-5-23
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on
May 03,2002
P.KIRAN KUMAR
Appellant
VERSUS
A.S.KHACIAR
Respondents
Referred Judgements :-
RANI CHOUDHURY VS. LT COL SURAJ JIT CHOUDHURY [RELIED ON]KEWAL RAM SMT RAM LUBHAI VS. RAM LUBHAI:KEWAL RAM [DISTINGUISHED]
KUBHAYAMMED VS. STATE OF KERALA [DISTINGUISHED]
Cited Judgements :-
LAL DEVI VS. VANEETA JAIN [LAWS(HPH)-2005-8-35] [REFERRED]BHARAT PETROLEUM CORPORATION LTD. VS. SWARAN GARG [LAWS(HPH)-2012-9-111] [REFERRED TO]
JAIN & ASSOCIATES AND ORS. VS. NANDITA ACHARJEE [LAWS(GAU)-2015-3-91] [REFERRED TO]
N. MOHAN VS. R. MADHU [LAWS(SC)-2019-11-68] [REFERRED TO]
ASHOKA MOTORS VS. H IBRAHIM [LAWS(KAR)-2004-3-81] [REFERRED TO]
RAZIUDDIN MOHD SIDDIQUI VS. ZAIHAB KHATOON [LAWS(APH)-2004-10-94] [REFERRED TO]
BHIVCHANDRA SHANKAR MORE VS. BALU GANGARAM MORE [LAWS(SC)-2019-5-32] [REFERRED TO]
SHYAM SUNDER SHARMA VS. PANNALAL JAISWAL [LAWS(SC)-2004-11-50] [REFERRED TO]
PANNALAL JAISWAL VS. SRI SHYAM SUNDER SHARMA AND ORS. [LAWS(CAL)-2007-11-28] [REFERRED TO]
RAM MURTI CHOUDHARY VS. RAM NIHORA CHOUDHARY [LAWS(PAT)-2016-12-77] [REFERRED TO]
BHANU KUMAR JAIN VS. ARCHANA KUMAR [LAWS(SC)-2004-12-17] [REFERRED TO]
BABU KESAVAN VS. PRAKASAN [LAWS(KER)-2017-10-192] [REFERRED TO]
DEVIDAS GANPATI KALE VS. MUNIRBI MAHEBUB KARANJE [LAWS(BOM)-2023-6-657] [REFERRED TO]
Kasi Viswanathan VS. Jayalakshmi [LAWS(MAD)-2004-3-43] [REFERRED TO]
BALDEV RAJ VS. TARSEM SINGH [LAWS(P&H)-2017-2-65] [REFERRED TO]
JUDGEMENT
Bhan, J. -
(1.)Delay condoned.
(2.)Leave granted.
(3.)The short point involved in these appeals is as to whether "the dismissal of an appeal against an ex-parte decree on the ground that the same is barred by limitation attracts the provisions of explanation to Order IX Rule 13 of the Code of Civil Procedure and creates a bar to the maintainability of an application under Order IX Rule 13, CPC for setting aside an ex-parte decree.
(2.)Leave granted.
(3.)The short point involved in these appeals is as to whether "the dismissal of an appeal against an ex-parte decree on the ground that the same is barred by limitation attracts the provisions of explanation to Order IX Rule 13 of the Code of Civil Procedure and creates a bar to the maintainability of an application under Order IX Rule 13, CPC for setting aside an ex-parte decree.
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