KANDULA PRABHAKAR . vs KANUDALA SUDHAKAR — C.A. No. 5065/2004
Case under Section XIV-A. Status: Disposed.
CNR: SCIN010007982004
Filing Date
09-Jan-2004
Registration No
C.A. No. 5065/2004
Diary Number
798/2004
Order Date
06-Aug-2004
Document Type
ROP - of Main Case
Disposal Type
Dismissed
Last updated 14-Jun-2026
Acts & Sections
Petitioner(s)
-
1.KANDULA PRABHAKAR .
Respondent(s)
-
1.KANUDALA SUDHAKAR
Adv. R. C. KOHLI
Case History
Summary of Civil Appeal No. 5065 of 2004 On August 6, 2004, the Supreme Court allowed the appeal filed by Kandula Prabhakar & another (defendants 5 and 6) against the High Court's dismissal of their Order 9, Rule 13 petition. The trial court had improper procedure by abruptly closing the plaintiff's case and decreeing the partition suit the next day when defendants' counsel failed to appear for cross-examination, without affording defendants opportunity to present their evidence or counter-claim. The Court set aside the ex-parte decree and restored the suit for proper completion of trial, allowing appellants further cross-examination of PW1, plaintiff's additional evidence, and defendants' defense/counter-claim evidence with rebuttal opportunity. This case analysis is maintained by casestatus.in based on publicly available court records.
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