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G.P. Srivastava vs Shri R.K. Raizada & Ors on 3 March, 2000

In G.P. Srivastava v. R.K. Raizada a similar question came up for consideration. A Division Bench of this Court opined that the provision under Order 9 Rule 13 of the Code of Civil Procedure should receive a broad construction and no hard-and-fast guidelines can be prescribed. The courts have a wide discretion to set aside an ex parte decree on satisfying itself as regards existence of a "sufficient cause", opining:
Supreme Court of India Cites 1 - Cited by 314 - Full Document

S. L. Kapoor vs Jagmohan & Ors on 18 September, 1980

22. Admittedly, partition had been effected between the parties by metes and bounds. He could at least in the final decree proceedings, raise several objections as regards allotment of lands. He did not get such an opportunity. Where principles of natural justice are required to 13 be complied with, non affording of an opportunity itself causes prejudice. {See S.L. Kapoor v. Jagmohan [(1980) 4 SCC 379]}.
Supreme Court of India Cites 26 - Cited by 1083 - O C Reddy - Full Document
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