Nawl Kishore Pd. Singh and Ors. v. Sita Ram Singh and Ors.
Case brief
What is this about?
High Court revised order in a property suit where appellate court set aside a trial court ex parte decree. HC upheld the modification but enhanced costs to Rs. 10,000 and directed trial court to dispose suit within nine months.
What did the court decide?
Cost enhanced to Rs. 10,000; Defendant opposite parties directed to deposit amount; Learned court below directed to dispose suit within nine months.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.92 of 2012
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- Nawal Kishore Prasad Singh.
- Raj Kishore Prasad Singh.
- Ram Kishore Prasad Singh all 1 to 3 are S/O Late Ramautar Singh.
- Rajdeo Singh.
- Upendra Singh both S/O Ram Lakhan Singh all are R/O VillageHasanpur, P.O.- Koylawan, P.S.- Harnaut, District- Nalanda.
.... .... Petitioner/s
Versus
- Sita Ram Singh S/O Late Ram Bilash Singh.
- Ram Pramod Singh.
- Shiv Narayan Singh both S/O Sita Ram Singh all R/O VillageHasanpur, P.O.- Koylawan, P.S.- Harnaut, District- Nalanda.
Issues for consideration
3 issues framed by the court
Aim to determine if the appellate court erred in setting aside an ex parte decree under Order 9 Rule 13 CPC when defendants failed to establish sufficient cause for non-appearance.
Whether the enhanced cost imposed by the revision court balances the equity in setting aside the ex parte decree.
Whether the learned court below must dispose of the suit within a specific time frame to ensure expeditious adjudication.
Parties & counsel
- petitioner
Nawal Kishore Prasad Singh
- petitioner
Raj Kishore Prasad Singh
- petitioner
Ram Kishore Prasad Singh
- respondent
Sita Ram Singh
- respondent
Ram Pramod Singh
- respondent
Case details
As recorded by the court registry
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