VidhiSangh

Supreme Court of India · 21/07/2017

JASWANT SINGH & ORS versus PARK.ASH KAUR & ANR

[2017] 8 S.C.R. 731 · 2017 INSC 656

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Summary

An order rejecting restoration of a default-dismissed Order IX Rule 13 application was appealable under Order XLIII Rule 1(c), because the restoration proceeding was referable to Order IX Rule 9. Section 141 supplied procedural application, not an independent appeal right. The Court also accepted sufficient cause for any delay and restored the appellate remand.

Issues

  1. Whether refusal to restore the default-dismissed ex-parte-decree application was appealable.
  2. Whether delay justified rejecting the restoration request.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside and District Judge’s restoration/remand order revived. Trial court directed to decide the Order IX Rule 13 application within three months of production of the order.

Judgment PDF: Supreme Court of India, [2017] 8 S.C.R. 731.