P. KLRAN KUMAR versus A.S. KHADAR AND ORS.

Application under Order IX Rule 13 CPC for setting aside an ex-parte decree is not maintainable where an appeal against the ex-parte decree was dismissed on any ground other than withdrawal, including limitation, as per the explanation to Order IX Rule 13 CPC.

Parties: Appellant: P. Kiran Kumar; Respondent: A.S. Khadar; Respondent: Respondent No. 2
Jurisdiction: India
Judgment Date: 03 May 2002
Procedural Posture: Civil Appeal / Final Decision
Outcome: appeals allowed
Legal Topics: Ex Parte Decree, Application for Setting Aside Ex Parte Decree, Appeal Dismissal on Limitation, Order IX Rule 13 CPC, Explanation to Order IX Rule 13 CPC

Civil Procedure Motor Accident Claims Ex Parte Decree Application for Setting Aside Ex Parte Decree Appeal Dismissal on Limitation Order IX Rule 13 CPC Explanation to Order IX Rule 13 CPC

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Full judgment text Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 4

Parties

P. Kiran Kumar

Appellant

A.S. Khadar

Respondent

Respondent No. 2

Respondent

Procedural Posture

Civil Appeal / Final Decision

Legal Issues

1 Does dismissal of an appeal against an ex-parte decree on the ground of limitation bar maintainability of an application under Order IX Rule 13 CPC for setting aside the ex-parte decree?
2 Scope and effect of explanation to Order IX Rule 13 CPC when an appeal is dismissed on any ground other than withdrawal.

Ratio Decidendi

Court Disposition

appeals allowed

Orders

Impugned order of the High Court and that of the Tribunal setting aside the ex-parte award are set aside.
Application under Order IX Rule 13 CPC filed by the respondents is held not maintainable.