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.