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september 1996

Supreme Court of India · 1996-09-19

KUMAD LATA DAS vs INDU PRASAD

Citation / case number
SC 1996/78266
Court
Supreme Court of India
Petitioner
KUMAD LATA DAS
Respondent
INDU PRASAD
Author
K.RAMASWAMY,FAIZAN UDDIN,G.B.PATTANAIK
Bench
K.RAMASWAMY,FAIZAN UDDIN,G.B.PATTANAIK

Judgment text excerpt

The Supreme Court held that the imposition of a condition to deposit mense profits as a prerequisite for contesting an ex-parte decree is not valid, particularly in cases involving closely related parties. The Court set aside the Delhi High Court's order requiring the appellant to deposit mense profits from the date of the ex-parte decree, emphasizing that such conditions should not be onerous. The matter was remitted to the High Court for fresh consideration of the application to set aside the decree on its merits.

KUMAD LATA DAS vs INDU PRASAD · Niyam