Supreme Court of India
Bank of India v. M/s Mehta Brothers & Ors.
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.
What the Court ordered
We are of the opinion that the learned single judge was fully justified in restoring the suit in toto and was correct in setting aside the entire decree E and restore the suit in its entirety on an application under Order 9 Rule 13 of the Code which also, in view of our discussions made herein earlier, was correct in the approach of Order 9 Rulei 13 of the Code.
Judgment, page 23
From the headnote
Code of Civil Procedure, 1908 - 0. 9 r. 13 and its pro- viso - Scope of - In an application for setting aside the ex- c parte decree whether decree passed in favour of some of the contesting defendants can be set aside - Held: If the decree is indivisible, it can be set aside not only against the defen- dant who applied for setting aside the ex-parte decree, but also against all or any of the other defendants, regardless of the fact whether they appeared, contested or not - The term "de- cree" in the first proviso actually meant a decree in general and not ex-parte decree. suit filed by
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