Bhanu Kumar Jain v. Archana Kumar
(2005) 1 SCC 787 · Supreme Court of India
A defendant who has unsuccessfully applied under Order IX rule 13 cannot re-agitate the same grounds in a first appeal against the ex parte decree as of right.
Unit III · Civil Procedure Code and Law of Limitation
Judgment and decree
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Code of Civil Procedure, 1908 | 2(2) | Decree |
| Code of Civil Procedure, 1908 | 2(9) | Judgment |
| Code of Civil Procedure, 1908 | 33 | Judgment and decree |
| Code of Civil Procedure, 1908 | O. XX rr. 4–6 | Contents of judgment and decree |
Landmark cases
Balraj Taneja v. Sunil Madan
(1999) 8 SCC 396 · Supreme Court of India
Even on deemed admission the court must apply its mind and write a judgment; it cannot mechanically decree the suit.
Phoolchand v. Gopal Lal
AIR 1967 SC 1470 · Supreme Court of India
There can be more than one preliminary decree in a partition suit; a later decree may modify an earlier preliminary decree.