Case Summary
Kalarikkal Saidu Mohammed, the petitioner, filed an application to set aside an exparte decree passed against him in a partition suit. The decree was issued due to his absence at a trial due to health issues, which he claims were the reason for not appearing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Exparte decree set aside upon payment of cost
Case Type
Interlocutory Application
Final Judgment
No
Why Plaintiff Won:
The court observed that setting aside the decree was necessary to adjudicate the real dispute and avoid multiplicity of proceedings.
The court observed that setting aside the decree was necessary to adjudicate the real dispute and avoid multiplicity of proceedings.
Judgment Evidence:
In the result, the petition is allowed and the exparte decree passed against the petitioner is set aside on payment of cost of Rs. 5000/- on or before 30-07-2019.
Parties Involved
Plaintiffs
Defendants
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The petition is allowed and the exparte decree passed against the petitioner is set aside on payment of cost of Rs. 5000/- on or before 30-07-2019.
Evidence:
In the result, the petition is allowed and the exparte decree passed against the petitioner is set aside on payment of cost of Rs. 5000/- on or before 30-07-2019.