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.