Reviewed case brief
Bhanu Kumar Jain v. Archana Kumar
(2005) 1 SCC 787; AIR 2005 SC 626
## Summary
- Court
- Supreme Court of India
- Year
- 2005
- Subjects
- Civil Procedure Code and Law of Limitation
- Reviewed
- 2026-06-29
Rule established
A defendant against whom an ex parte decree is passed has two concurrent remedies: an application under Order IX Rule 13 to set aside the decree, and an appeal under Section 96(2). Both can be pursued simultaneously but the same grounds cannot be urged in both.
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
(2005) 1 SCC 787; AIR 2005 SC 626; verified via drishtijudiciary.com, testbook.com, scribd.com
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.