Supreme Court · 2023 INSC 98 · Decided 2 February 2023
Shyam Kumar Gupta & ORS. v. Shubham Jain
- Court
- Supreme Court of India
- Citation
- 2023 INSC 98 · [2023] 4 S.C.R. 873
- Case number
- CIVIL APPEAL No. 765/2023
- Decided
- 2 February 2023
- Bench
- DINESH MAHESHWARI, BELA M. TRIVEDI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Provincial Small Cause Courts Act, 1887 - s.17 r/w Or. IX, r.13 of CPC - Court of Small Causes - Application for setting aside ex-parte decree - Maintainability - Requirement u/s. s.17 of the Act of 1887 of depositing the amount due and payable under the decree at the aside ex-parte decree - Respondent, purported owner of a shop, filed suit against the predecessor of appellants, who was a tenant in the shop - The suit was for recovery of arrears of rent and for eviction on ground of default in payment of rent - Trial Court decreed the
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)