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december 1997

Supreme Court of India · 1997-12-02

MALKIAT SINGH vs JOGINDER SINGH

Citation / case number
SC 1997/2852
Court
Supreme Court of India
Petitioner
MALKIAT SINGH
Respondent
JOGINDER SINGH
Author
V.N. KHARE A.S. ANAND
Bench
V.N. KHARE A.S. ANAND

Judgment text excerpt

The Supreme Court held that the appellants were denied a fair opportunity to defend themselves in the civil suit due to their counsel's plea of 'no instructions' without notifying them. The Court emphasized that the trial court's failure to issue notice to the appellants before proceeding ex-parte violated principles of natural justice. Consequently, the Court set aside the dismissal of the appellants' application under Order 9, Rule 13 of the CPC, allowing them to contest the suit.

MALKIAT SINGH vs JOGINDER SINGH · Niyam