Supreme Court of India
N. Mohan v. R. Madhu
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1 Supreme Court bench has cited this judgment.
What the Court ordered
Held as under:- 36. … A right to question the correctness of the decree in a first appeal is a statutory right.
Judgment, page 10
From the headnote
Code of Civil Procedure, 1908 – Or. IX, r.13 and s.96(2) – Respondent-plaintiff case was that he lent appellant a sum of Rs.45,00,000/- and appellant-defendant failed to return the said amount – The suit was decreed ex-parte – Thereafter, appellant filed application u/s.5 of the Limitation Act to condone delay of 276 days in filing the petition u/Or. IX, r.13 CPC to set aside the ex-parte decree – The petition was dismissed by the Trial Court and revision against the same was dismissed by the High Court – The SLP preferred against the said order also came to be dismissed by the Supreme Court…
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