Supreme Court · 2017 INSC 611 · Decided 13 July 2017

Laldhari Mistri (Dead) THR. LRS. & ANR. v. Vijay Kumar

Court
Supreme Court of India
Citation
2017 INSC 611 · [2017] 6 S.C.R. 407
Case number
CIVIL APPEAL No. 5780/2008
Decided
13 July 2017
Bench
R.F. NARIMAN, SANJAY KISHAN KAUL (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

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 C performance on the ground that respondent purchased the said property from landlord when 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 D suit property also did not find him

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)