ANR. Vs. B.V. Sampath & ANR.  INSC 11 (6 January 2009)
JURISDICTION CIVIL APPEAL NO.18 OF 2009 (Arising out of S.L.P. (C) No.2539 of
2007) Munilakshmamma and Anr. ...Appellant(s) Versus B.V. Sampath and Anr.
O R D E R
Heard learned counsel
for the parties.
The appellants filed
a petition under Order IX Rule 13 of the Code of Civil Procedure, 1908, (for
short, `the Code') for setting aside the ex-parte decree passed in a suit for
specific performance of contract. The said petition was rejected by the Trial
Court and the same has been confirmed by the High Court. Hence, this appeal by
Having heard learned
counsel for the parties and perused the records, we are of the view that in the
facts and circumstances of the present case, the Trial Court should have set
aside the ex-parte decree and the High Court committed an error in confirming
the order passed by the Trial Court.
appeal is allowed, impugned orders are set aside and the petition under Order
IX Rule 13 of the Code filed by the appellants is allowed and ex- parte decree
passed in the suit is set aside.
....2/- -2- As both
the defendants are appellants before this Court, the Trial Court would not be
required to issue fresh notice of the suit to them. They shall file written
statement within two months from today. Thereafter, the Court shall proceed to
decide the suit in accordance with law.