Supreme Court · 1988 INSC 217 · Decided 10 August 1988
Om Prakash v. Amarjit Singh & ANR.
- Court
- Supreme Court of India
- Citation
- 1988 INSC 217 · [1988] SUPP. 2 S.C.R. 362
- Case number
- CIVIL APPEAL No. 2582/1988
- Decided
- 10 August 1988
- Bench
- A.P. SEN, M.N. VENKATACHALIAH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 105(2); Specific Relief Act Section 20, 34
Headnote
Civil Procedure Code, 1908: Section 105(2)-0rder 9, Rule 7- Application for setting aside order placing defendant ex parte dismissed by trial court as unsigned-High Court in revision remitting application for disposal after allowing defendant to affix signature-Application dismissed by trial court Court affirming that application was time barred, but remanding suit for fresh disposal-Remand order-Not appealed against-Assuming finality­ Whether defendant entitled to adduce fresh evidence and recall witnesses examined ex parte, on remand. Specific Relief Act, 1963: Sections
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