OM PRAKASH vs AMARJIT SINGH & ANR.

The Supreme Court held that in a suit for specific performance, the appellant's application for setting aside an ex parte order was dismissed as time-barred, despite the High Court remitting the case for fresh disposal. The Court ruled that the remand order, not being appealed against, became final, and thus the appellant was not entitled to recall witnesses examined ex parte. The Court emphasized that the discretionary jurisdiction under Sections 20 and 34 of the Specific Relief Act, 1963, must be exercised equitably, and the trial court's dismissal of the suit was upheld.