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Supreme Court of India 2018-11-27 dismissed

Manohar Lal Khatri vs Dogar Dass Sachdeva Trust Fazilka & Ors

Bench: 1 — Amit Rawal

In Brief

A defendant posted as Patwari at Zira sought to set aside an ex parte judgment and decree in a suit for possession instituted in 1998. Though the defendant claimed non-receipt of summons due to his posting elsewhere, the court dismissed his application filed in 2012—over two years after the 2010 judgment. The court held that the 30-day limitation period under Order 9 Rule 13 CPC had expired, and his explanation lacked credibility, especially since co-defendants had already challenged the judgment. The revision petition was accordingly dismissed as raising no illegality.

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Civil Procedure Ex Parte Judgment Service of Summons Application to Set Aside

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