Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 - Or. IX . r. I 3 - Ex parte decree - Setting aside of- Eviction decree was passed in favour of landlord- father of original appellant no.1 - Present suit for specific performance on the ground that respondent purchased the said property from landlord when eviction was already ordered - Ex parte decree passed |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 - Or. IX . r. I 3 - Ex parte decree - Setting aside of- Eviction decree was passed in favour of landlord father of original appellant no.1 - Present suit for specific performance on the ground that respondent purchased the said property from the landlord when the eviction was already ordered - Ex parte decree passed - Trial court and appellate court dismissed the application filed by appellants for setting aside the ex parte decree - On appeal, held: The records show that respondent never appeared before the lower courts - Commissioner who visited the suit property also did not find him present in the suit property - Respondent was asked to appear before the court personally for giving evidence, however, he never appeared and his evidence was closed - Respondent appears to be a doubtful entity - Case made out for setting aside the ex parte decree - Suit be heard on merits - Specific E performance. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2017 INSC 611 |
Petitioner | Laldhari Mistri (dead) Thr. Lrs. & Anr. |
Respondent | Vijay Kumar |
SCR | [2017] 6 S.C.R. 407 |
Judgement Date | 2017-07-13 |
Case Number | 5780 |
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