Supreme Court of India
Jaswant Singh & Ors v. Park.ash Kaur & Anr
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What the Court ordered
In view of the foregoing discussion the judgment of the High Court is set aside.
Judgment, page 33
From the headnote
Code of Civil Procedure, 1908 - 01: IX r. 9 and s.141 -Appeal against order dismissing application for restoration of application u/Or. IX, r. I 3 - Maintainability of - Respondent-Plaintiff filed suit against the defendant, predecessor-in-interest of the appellants - The suit proceeded ex parte against the defendant and was decreed - Defendant filed application u/Or. IX. r.I 3 to set aside the ex parte decree, howeve1; the same was dismissed in default - Thereafter, defendant died - Legal heirs of the defendant i.e. appellants filed application praying for restoration of application filed
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