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2001 (2) TMI 979 - SUPREME COURTWhether provisions of Order IX Rule 13 of the Code of Civil Procedure or the principles thereof are applicable in a case where objections under Section 33 of the Arbitration Act, 1940 are not filed and ex-parte decree is passed on the basis of the award filed before the Court by making the award rule of the Court? Held that:- Appeal allowed. The provisions of CPC are specifically made applicable and there is no reason to hold that Order IX Rule 13 would not be applicable in case where judgment is pronounced under Section 17 of the Act in absence of objection application tendered by the party objecting to the award. For all purposes such decree is ex-parte for the party objecting to the award. Under C.P.C. ex-parte decree has no technical meaning. Division Bench was right in arriving at the conclusion that this was a fit case for condoning the delay and setting aside the decree dated 28th April 1987.
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