2019 Apex court Digest – Vol.No.1
4. Whether the judgment and decree passed in terms of Order 8 Rule 10 CPC can be treated as an ex-parte decree to maintain an application under
Order 9 Rule 13 CPC. –
The High Court took the view that the judgment and decree passed under Order 8 Rule 10 CPC cannot be treated as an ex-parte decree and the application under Order 9 Rule 13 CPC is not maintainable. –
Apex court held that
In the present case, the suit for partition was filed by the respondents-plaintiff way back in the year 1975. In such view of the matter, we do not find any good ground warranting
interference with the impugned order in exercise of our jurisdiction under Article 136 of the Constitution of India.
The special leave petition is, accordingly, disposed of by giving liberty to the petitioner to approach the High Court by way of filing an appeal challenging the judgment and decree passed under Order 8 Rule 10 CPC.
Needless to point out that the petitioner would be entitled to the benefits of Section 14 of the Limitation Act.The petitioner is at liberty to file the appeal within a period of eight weeks.