KUMUD LATA DAS versus INDU PRASAD

KUMUD LATA DAS versus INDU PRASAD

Condition of deposit of mesne profits imposed by the High Court is not justified; such onerous condition is invalid. The application to set aside ex parte decree should be considered on merits and in accordance with law.

Parties
Appellant: Kumud Lata Das; Respondent: Indu Prasad
Jurisdiction
India
Judgment Date
19 September 1996
Procedural Posture
Civil Appeal / Appeal Against High Court Order on Restoration of Ex Parte Decree
Outcome
Appeal allowed; order of High Court set aside; stay of execution of ex parte decree granted; matter remitted to High Court for fresh consideration on merits.
Legal Topics
Ex Parte Decree, Restoration of Decree, Mesne Profits, Order IX Rule 13 CPC, Possession
Civil Procedure Ex Parte Decree Restoration of Decree Mesne Profits Order IX Rule 13 CPC Possession

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 1 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Parties

Kumud Lata Das

Appellant

Indu Prasad

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Order on Restoration of Ex Parte Decree

Legal Issues

  1. 1 Whether imposition of condition to deposit mesne profits for contesting application to set aside ex parte decree is justified
  2. 2 Proper adjudication of application under Order IX Rule 13 CPC

Ratio Decidendi

Condition of deposit of mesne profits imposed by the High Court is not justified; such onerous condition is invalid. The application to set aside ex parte decree should be considered on merits and in accordance with law.

Court Disposition

Appeal allowed; order of High Court set aside; stay of execution of ex parte decree granted; matter remitted to High Court for fresh consideration on merits.

Orders

  • Order of High Court imposing mesne profits deposit set aside
  • Stay of execution of ex parte decree granted