Supreme Court · 2017 INSC 874 · Decided 8 September 2017

Vijay Singh v. Shanti Devi and ANR.

Court
Supreme Court of India
Citation
2017 INSC 874 · [2017] 9 S.C.R. 442
Case number
CIVIL APPEAL No. 2062/2009
Decided
8 September 2017
Bench
MADAN B. LOKUR, DEEPAK GUPTA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC; Limitation Act

Headnote

Decree: Ex-parie decree -.Jn a pre-emption suit- Execution of ex-parte C decree resulting in possession of suit land to the plaintiff- Thereafter ex-parte decree set aside - In the meantime with the amendme111 in law pre-emption right taken away - In challenge to setting aside of ex-parte decree was directed to decide the suit afresh - Trial court dismissed the suit on D the ground that the right of pre-emption extinguished by rirtue of the amendment in law - The order was affirmed in the first appeal as well as second appeal - On appeal, held: Since the ex-parte ··

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