Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure Order IX Rule 13 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908, Order IX Rule 13 scope of- Application for setting aside an exparte decree passed by the Trial Court as well as by the Appellate Court-Whether an application filed under Order IX Rule 13 before the Trial Court is in order. Joint Decree in a pre-emption suit passed against three defendants one contesting and the other two ex parte and unserved and confirmed by the appellate court-Trial Court accepting an application under Order IX Rule 13 by the unserved defendants, and setting aside the decree against them only-Propriety of the order. One Kalu Ram was the owner of 90 Kanals of land. He sold this land in favour of three brothers, Kewal Ram, Chet Ram and Kuldip Ram for a consideration of Rs.65,000 by a registered sale deed dated 1.8.1966. Kewal Ram is residing in Village Badala in Jullunder District. Chet Ram and Kuldip Ram were residing at 71, Windsor Road, Forest Gate, London. Smt. Ram Lubhai, minor daughter of Kalu Ram filed a suit for possession of the land on the ground that she being the daughter of the vendor had superior right of pre-emption as against the vendees who were strangers. Kewal Ram alone was served in the suit. The other two were not served. Substituted service was, therefore, taken for service on them by publication in a vernacular paper. The suit was decreed on 31.7.1969 against all the three defendants, ex parte against Chet Ram and Kuldeep Ram. Kewal Ram filed an appeal against this decree and judgment. He made his brothers Chet Ram and Kuldip Ram as proforma respondents giving their village address for service. In the appeal also they were served by substituted service. The appeal was heard on 5.1.1971 and was dismissed. On 24.3.1971, Kuldip Ram and Chet Ram tiled an application under Order 9, Rule 13 of C.P.C. in the Trial Court for setting aside the ex-parte decree against them on the ground that they were neither served in the Trial Court nor in the Appellate Court. The Trial Court accepted the application and set aside the decree passed. Against this order dated 10.1.1972, the plaintiff filed a revision petition in the High Court of Punjab and Haryana as C.R.P. No. 147 of 1972. The High Court felt that there was no error of jurisdiction in the order sought to be revised, but held that since Kewal Ram had contested the suit, there was no ground to set aside the decree against him. On this around, the petition was partly allowed. The decree against Kewal Ram was allowed to stand but was set aside against the other two. The review petition filed by Smt. Ram Lubhai was dismissed by the High Court. Hence the appeals by special leave. |
Judge | Hon'ble Mr. Justice V. Khalid |
Neutral Citation | 1987 INSC 83 |
Petitioner | Kewal Ram |
Respondent | Smt. Ram Lubhai & Ors. And Vice Versa |
SCR | [1987] 2 S.C.R. 685 |
Judgement Date | 1987-03-26 |
Case Number | 15 |
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