Supreme Court of India
Sudhir Ranjan Patra (dead) Thr. Lrs. & Anr. v. Himansu Sekhar Srichandan & Ors.
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What the Court ordered
In view of the above and for the reasons stated above, the impugned judgment and order passed by the High Court to the extent of observing that though the ex-parte decree is set aside, defendant Nos. 2 and 3 cannot be permitted to file their written statement is hereby quashed and set aside.
Judgment, page 7
From the headnote
Code of Civil Procedure, 1908: Ord. IX r. 13 – Setting aside ex-parte decree – On facts, application u/Ord. IX r. 13 by the appellants seeking condonation of delay, setting as ide of an ex- parte decree and also to allow them to file written stateme nt and to take up the suit on merits – Trial court allowed the applic ation by condoning the delay and set aside the ex-parte decree – In appeal, the High Court though upheld the order passed by the trial court, it held that the appellants cannot be permitted to fil e their written statement – On appeal, held: Once the ex-parte decree is set aside
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