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
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