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july 1996

Supreme Court of India · 1996-07-08

SUSHILA NARABHARI vs NANDAKUMAR

Citation / case number
SC 1996/660
Court
Supreme Court of India
Petitioner
SUSHILA NARABHARI
Respondent
NANDAKUMAR
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court allowed the appeal against the ex-parte decree for specific performance of a land sale agreement, emphasizing the advocate's failure to inform the client about non-cooperation, which led to the withdrawal of vakalatnama without notice. The Court found justification for condoning the 40-day delay in filing the application to set aside the decree. Consequently, the ex-parte decree was set aside, and the trial Court was directed to provide the appellants an opportunity to cross-examine witnesses and present their evidence, with a timeline for expeditious disposal of the case.

SUSHILA NARABHARI vs NANDAKUMAR · Niyam