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.