Supreme Court of India

Bhanu Kumar Jain v. Archana Kumar and Anr.

Neutral citation

Reported as [2004] SUPP. 6 S.C.R. 1104

Bench N. Santosh Hegde, B.P. Singh and S.B. Sinha JJ.

Decided 17 December 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

20 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that although H 1122 SUPREME COURT REPORTS [2004) SUPP. 6 S.C.R. A the judgment of the High Court is not sustainable as the reasons in support thereof cannot be accepted, the High Court for the reasons assigned hereinbefore must examine the Respondents' claim on merit of the matter.

Judgment, page 18

From the headnote

Code of Civil Procedure, 1908 : Section 96(2), Order IX rules 7 & 13, Order 22 rule 10 and order 1 rule 10 Section 96(2)-Appeal against Ex parte decree-Maintainability- Application under 09 r.13 for setting aside ex parte decree dismissed till Supreme Court-Held, Appeal maintainable on merits-Contention raised in the application under 09 r.13 can't be raised. Order 9 r. 7-Applications under-Stage of-Application under rule 7 when an order posting a suit for ex-parte hearing is passed only and not when the hearing is complete. Res judicata-Applicability-Applicable in different stages of the

Authorities it was built on

2003 Ramesh Chand Ardawatiya v. Anil Panjwani cited by 11
2004 Shyam Sundar Sarma v. Pannalal Jaiswal and Ors. cited by 5

Where later benches applied it

2026 Kishorilal (d) Thr. L.rs v. Gopal relied on
2022 G.N.R. Babu @ S.N. Babu v. Dr. B.C. Muthappa & Ors. relied on
2019 N. Mohan v. R. Madhu relied on
2018 National Highway Authority of India v. M/s. Progressivemvr (jv) relied on
2018 M/s Neerja Realtors Pvt Ltd v. Janglu (dead) Thr. Lr. relied on
2017 M/s Raptakos, Brett & Co. Ltd. v. M/s Ganesh Property relied on
2025 Sulthan Said Ibrahim v. Prakasan & Ors. referred to
2025 Thirunagalingam v. Lingeswaran & Anr. referred to
2024 Navratan Lal Sharma v. Radha Mohan Sharma & Ors. referred to
2024 The Madhya Pradesh Madhya Kshetra Vidyut Vitran Company Limited & Ors. v. Bapuna Alcobrew Private Limited & Anr. referred to
2022 Kotak Mahindra Bank Limited v. A. Balakrishnan & Anr. referred to
2021 M.P. Housing and Infrastructure Development Board & Anr. v. K.P. Dwivedi referred to
2019 Bhivchandra Shankar More v. Balu Gangaram More & Ors. referred to
2019 M/s Scg Contracts India Pvt. Ltd. v. K. S. Chamankar Infrastructure Pvt. Ltd. & Ors. referred to
2018 M/s. Nandhini Deluxe v. M/s. Karnataka Co-operative Milk Producers Federation Ltd. referred to
2016 Vishal N. Kalsaria v. Bank of India & Ors. referred to
2014 Dr. Subramanian Swamy v. State of Tamil Nadu & Ors. referred to
2013 Union of India & Anr. v. Ashok Kumar Aggarwal referred to
2013 Ravinder Singh v. Sukhbir Singh & Ors. referred to
2019 State of Andhra Pradesh & Ors. v. B. Ranga Reddy (d) by Lrs & Ors. not applicable

Of those, 6 relied on · 13 referred to · 1 not applicable

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