Supreme Court of India
Bogidhola Tea and Trading Co. Ltd. and Anr. v. Hira Lal Somani
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.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the opinion that interest of justice would be subserved if we set aside the ex-parte decree dated 19.4.1990.
Judgment, page 7
From the headnote
Code of Civil Procedure, I 908-0. 8 r. I 0-Jnvoking of-Suit Non-appearance of defendant despite service of summons-Prayer for decree under 0.8 r. I 0-Plaintiff declined to examine any witness-Ex- parte decree-Application for setting aside ex-pa rte decree on the ground that suit was barred by limitation-Dismissed by Courts below-Correctness of-Held: Not correct-It was duty of Court to consider if suit was barred by limitation even when no such defence raised-Jn case suit barred by limitation, Court had no jurisdiction to pass decree-Even otherwise, plaintiff was bound to prove his case
Where later benches applied it
Of those, 1 relied on
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