Supreme Court of India · 1997-02-24
BHABIA DEVI vs PERMANAND PD. YADAV
- Citation / case number
- SC 1997/575
- Court
- Supreme Court of India
- Petitioner
- BHABIA DEVI
- Respondent
- PERMANAND PD. YADAV
- Author
- G.T. NANAVATI K. RAMASWAMY
- Bench
- G.T. NANAVATI K. RAMASWAMY
Judgment text excerpt
The Supreme Court dismissed the special leave petition challenging the ex-parte decree granted in a suit for specific performance. The petitioner argued that she was not properly served notice, but the courts below found that she had refused to accept the notice, and alternative modes of service, including Gazette publication, were valid. The Court held that the findings of fact regarding service were correct and that the merits of the case could not be examined as the appeal did not fall under Section 96 or Section 100 of the C.P.C.