REGENT COMPUTRONICS PVT. LTD.

BHANU KUMAR JAIN Appellant

V/S

ARCHANA KUMAR Respondents

Referred Judgements :-

BADVEL CHINNA ASETHU AND ANOTHER V. VETTIPALLI KESAVAYYA AND ANOTHER [REFERRED TO]
SATYADHYAN GHOSAL VS. DEORAJIN DEBI [REFERRED TO]
ARJUN SINGH VS. MOHINDRA KUMAR [REFERRED TO]
Y B PATIL VS. Y L PATIL [REFERRED TO]
RANI CHOUDHURY VS. LT COL SURAJ JIT CHOUDHURY [REFERRED TO]
PRAHLAD SINGH VS. COLLECTOR SUKHDEV SINGH [REFERRED TO]
HOPE PLANTATIONS VS. LTD [REFERRED TO]
VIJAYABAI VS. SHRIRAM TUKARAM [REFERRED TO]
VIJAY KUMAR MADAN VS. R N GUPTA TECHNICAL EDUCATION SOCIETY [REFERRED TO]
P KIRAN KUMAR VS. A S KHADAR [REFERRED TO]
RAMESH CHAND ARDAWATIYA VS. ANIL PANJWANI [REFERRED TO]
CHANDRAVATHI P K VS. C K SAJI [REFERRED TO]
DEEPAL GIRISHBHAI SONI VS. UNITED INDIA INSURANCE COMPANY LIMITED BARODA [REFERRED TO]
SHYAM SUNDER SHARMA VS. PANNALAL JAISWAL [REFERRED TO]
MUNASSAR BIN JAN NISAR YARJUNG DIED HIS LRS MARIAN BEGUM VS. FATIMA BEGUM [REFERRED TO]
MANGILAL RUNGTA CALCUTTA VS. MANGANESE ORE INDIA LTD [REFERRED TO]
M K GOURIKUTTY VS. M K RAGHAVAN [REFERRED TO]

JUDGEMENT

(1.) Leave granted.

(2.) 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.

(3.) 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 suit for partition in the year 1976. The original defendants filed their written statements. Respondent No.2 herein, Surender Nath Kumar who is husband of Smt. Archana Kumar, Respondent No.1 herein also filed a written statement and counterclaim by setting up a plea of mortgage by deposit of title deeds in respect of property in suit said to have been created by his mother in law (original defendant No.1).

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BHANU KUMAR JAIN Vs. ARCHANA KUMAR

Referred Judgements :-

JUDGEMENT

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