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december 2001

Supreme Court of India · 2001-12-14

ASHOK NAGAR WELFARE ASSOCIATION vs R.K. SHARMA .

Citation / case number
SC 2001/3172
Court
Supreme Court of India
Petitioner
ASHOK NAGAR WELFARE ASSOCIATION
Respondent
R.K. SHARMA .
Author
P. Venkatarama Reddi
Bench
P. VENKATARAMA REDDI D.P. MOHAPATRA

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, asserting that the defendants were not properly served and thus had not been given a fair opportunity to contest the claims. The Court emphasized the importance of proper service of summons and the right to a fair trial, leading to a remand for fresh trial on merits. The outcome favored the defendants, allowing them to contest the suits anew.

ASHOK NAGAR WELFARE ASSOCIATION vs R.K. SHARMA . · Niyam