BHULAN ROUT . vs LAL BAHADUR YADAV — C.A. No. 5424/2004
Case under Section XVI. Status: DISPOSED.
CNR: SCIN010178372003
Filing Date
28-Aug-2003
Registration No
C.A. No. 5424/2004
Diary Number
17837/2003
Order Date
23-Aug-2004
Document Type
ROP - of Main Case
Disposal Type
Dismissed
Data as of 29-Jun-2026
Acts & Sections
Petitioner(s)
BHULAN ROUT .
Adv. ANIRUDDHA P. MAYEE (Dead / Retired / Elevated)
Respondent(s)
LAL BAHADUR YADAV
Adv. PRASHANT KUMAR
Orders
On 23 August 2004, the Supreme Court allowed Bhulan Rout's appeal, holding that the District Judge's order of 4 October 2001 was passed without jurisdiction. The Court found that an appeal against an order allowing an application under Order IX Rule 13 CPC (which sets aside ex-parte decrees) is not maintainable under Order XLIII CPC; appeals are only available against orders rejecting such applications. Accordingly, the District Judge's order and the High Court's upholding revision were set aside, though the respondent remains free to pursue other available remedies against the Trial Court's 8 February 2001 order. This case analysis is maintained by casestatus.in based on publicly available court records.
Browse Related Cases
Explore other courts