C.R.Shijo v. v.S.Lilly
Case brief
What is this about?
This Single Judge Bench dismissed a First Appeal filed against an order declining the application of Order 9 Rule 13 CPC. The Court held that since the underlying decree was not ex parte, the provision is inapplicable.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC &
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
TUESDAY, THE 2ND DAY OF FEBRUARY 2016/13TH MAGHA, 1937
FAO.No. 37 of 2006
AGAINST THE ORDER IN I.A.NO.3805/04 IN OS 419/1994 of PRINCIPAL SUB COURT, KOLLAM DATED 13-10-2005
APPELLANT/PETITIONER/ADDITIONAL 7TH DEFENDANT:
C.R.SHIJO, AGED 35 YEARS,
DAUGHTER OF CHELLAPPAN, GREESHMAM, PERUMPUZHA.P.O KERALAPURAM, KOLLAM DISTRICT.
BY ADVS.SRI.ANIL KURIAN THOMAS
SRI.ABU MATHEW
RESPONDENTS/PLAINTIFF & DEFENDANTS 1, 3 TO 6 & 8 TO 12:
Issues for consideration
1 issue framed by the court
Whether Order 9 Rule 13 CPC applies to an appeal against a decree that was not ex parte.
Parties & counsel
- appellant
C.R. Shijo
- respondent
V.S. Lilly
Coram
Antony Dominic
Case details
As recorded by the court registry
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