Supreme Court of India
Mamtaz & Ors. v. Gulsuma Alias Kulusuma
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What the Court ordered
In view of the above and for the reasons stated above, present appeal succeeds.
Judgment, page 5
From the headnote
Civil Procedure Code, 1908 – Or.9 r 13 – sec. 96 – Ex-Parte Decree – Setting aside – Power of Appellate Court – Cond onation of Delay – In Absence of Application – The appellants filed a suit for declaration and possession – Ex-parte decree wa s passed by the trial Court against the respondents – Appeal was preferred by the respondents before the First Appellate Court af ter delay of 2 years and 7 months – Respondent filed application for condonation of delay, however he withdrew the same later on – First Appellate Court dismissed the appeal on the g round of limitation in absence of any
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