Nachchiappa Chetty vs Muttoo Kankani – clr volume 2 page 110

In Nachchiappa Chetty v. Muttoo, the court addressed the issue of the defendant’s procedural rights regarding a decree nisi granted upon default in a promissory note action. It was determined that, under the Civil Procedure Code sections 86 and 87, a decree nisi obtained due to non-appearance could be set aside by application to the original court, but once made absolute, no further appeal or challenge was permissible except in circumstances involving lack of notice or prevention by accident. This holding reaffirmed the principle that statutory restrictions operate strictly to limit appellate relief in such default decree matters, thereby upholding the finality of a decree absolute unless narrowly defined exceptions are satisfied.

Withers J. — The findings established that Section 87 of