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december 2001

Supreme Court of India · 2001-12-14

Ashok Nagar Welfare Association & Anr vs R.K. Sharma & Ors

Citation / case number
AIR 2002 SUPREME COURT 335
Court
Supreme Court of India
Petitioner
Ashok Nagar Welfare Association & Anr
Respondent
R.K. Sharma & Ors
Author
P. Venkatarama Reddi
Bench
D.P. Mohapatra, P. Venkatarama Reddi

Judgment text excerpt

The Supreme Court upheld the decision of the Delhi High Court which set aside ex parte decrees in two suits filed under Section 6 of the Specific Relief Act, 1963, on the grounds of improper service of summons. The Court found that the defendants were not adequately notified of the proceedings, thus justifying the High Court's order for a fresh trial on merits. The ruling emphasized the necessity of proper service of summons to ensure fair trial rights under Article 21 of the Constitution.

Ashok Nagar Welfare Association & Anr vs R.K. Sharma & Ors · Niyam