BHULAN ROUT . vs LAL BAHADUR YADAV — C.A. No. 5424/2004

Case under Section XVI. Status: DISPOSED.

CNR: SCIN010178372003

DISPOSED

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

Section XVI

Petitioner(s)

BHULAN ROUT .

Adv. ANIRUDDHA P. MAYEE (Dead / Retired / Elevated)

Respondent(s)

LAL BAHADUR YADAV

Adv. PRASHANT KUMAR

Orders

View Full Judgment
casestatus.in Summary

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.

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