Kapil Maheshwari S/O Banshidhar Maheshwari v. Smt. Kamla Jamad W/O Nirmal Kumar Jamad
Case brief
What is this about?
Civil Misc. Appeal challenging rejection of an application under Order 9 Rule 13 CPC to set aside an ex-parte decree. Parties agreed to set aside the decree on payment of cost; the appeal was allowed and the trial court directed to decide the civil suit afresh within eighteen months.
What did the court decide?
Impugned order and ex-parte decree set aside; Order 9 Rule 13 application allowed subject to Rs.20,000 cost deposit; suit to be decided afresh within 18 months.