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CASE NO.:

Appeal (civil) 8246 of 2004

PETITIONER:

Bhanu Kumar Jain

RESPONDENT:

Archana Kumar & Anr.

DATE OF JUDGMENT: 17/12/2004

BENCH:

N. Santosh Hegde, B.P. Singh & S.B. Sinha

JUDGMENT:

J U D G M E N T

(Arising out of S.L.P. (C) No. 6392 of 2003)

S.B. SINHA, J.

Leave granted.

The remedies available to a defendant in the event of an ex-parte

decree being passed against him in terms of Order 9 Rule 13 of the Code of

Civil Procedure (Code) and the extent and limitation thereof is in question

before us in this appeal which arises out of a judgment and order dated

19.12.2002 passed by the High Court of Madhya Pradesh at Jabalpur in First

Appeal No. 109 of 1986.

The fact of the matter relevant for the purpose of this appeal is as

under:

One Shri N.N. Mukherjee was the owner of the premises in suit. He

died leaving behind his wife Smt. Suchorita Mukherjee, (original defendant

No. 1), son Shri P.P. Mukherjee, (original plaintiff) and daughter Smt.

Archana Kumar, (original defendant No. 2). The family is said to be

governed by Dayabhag School of Hindu Law. The original plaintiff filed a