Civil Procedure Code, 1908 - Order 9, Rule 13, Order 43, Rule 1 - Limitation Act, 1963 - Section 5 - Ex parte decree

Civil Pro­ce­dure Code, 1908 — Order 9, Rule 13, Order 43, Rule 1 — Lim­i­ta­tion Act, 1963 — Sec­tion 5 — Ex parte decree — Civil Pro­ce­dure Code, 1908 — Order 9, Rule 13, Order 43, Rule 1 — Lim­i­ta­tion Act, 1963 — Sec­tion 5 — Ex parte decree — Setting-aside of — Fil­ing of appeal as well peti­tion under Order 9, Rule 13 — Applic­a­bil­ity of bar under Expla­na­tion to Order 9, Rule 13 — Defen­dant filed peti­tion for set­ting aside ex parte decree before trial Court along­with appli­ca­tion for con­don­ing delay in fil­ing that peti­tion — Sub­se­quently, defen­dant also filed an appeal against the ex parte decree along­with delay con­do­na­tion appli­ca­tion — Mean while, trial Court allowed the delay con­do­na­tion peti­tion — Appeal as well as the delay con­do­na­tion peti­tion before appel­late Court dis­missed for default — Dis­missal of peti­tion under Order 9, Rule 13 by trial Court in view of bar under Expla­na­tion to Order 9, Rule 13 — Whether order of trial Court sus­tain­able? — Yes — By virtue of Expla­na­tion, dis­posal of appeal on any ground what­ever apart from its with­drawal con­sti­tute suf­fi­cient rea­son for bring­ing bar into oper­a­tion. To get cita­tion of this judg­ment email link of this post to advppc1@gmail.com

Civil Procedure Code, 1908 - Order 9, Rule 13, Order 43, Rule 1 - Limitation Act, 1963 - Section 5 - Ex parte decree