Application under CPC Order IX Rule 13 maintainable if defendant hasn’t provided evidence

Y.P. Lele Vs Maharashtra State Electricity Distribution Company Ltd. & Ors (Supreme Court of India) Conclusion: In present facts of the case, it was observed that an application under Order IX Rule 13 of Civil Procedure Code for setting aside exparte decree would be maintainable as evidence of the defendants was not even started and the defendants’ counsel had not even cross-examined the plaintiff’s evidence. Facts: In present facts of the case, the appeal assails the correctness of judgment and order dated 27.06.2018 passed by the learned Single Judge of the Bombay High Court in Civil...