Supreme Court of India · 2002-04-18
Vijay Kumar Madan And Ors vs R.N. Gupta Techincal Education Society ...
- Citation / case number
- AIR 2002 SUPREME COURT 2082
- Court
- Supreme Court of India
- Petitioner
- Vijay Kumar Madan And Ors
- Respondent
- R.N. Gupta Techincal Education Society ...
- Bench
- R.C. Lahoti, B.N. Agrawal
Judgment text excerpt
The Supreme Court addressed the issue of conditions imposed by a trial court under Order 9 Rule 7 of the CPC when setting aside an ex-parte order. The Court held that while the trial court has the discretion to impose terms, such conditions should not be onerous. The High Court's decision to set aside the trial court's condition was upheld, emphasizing that the trial court must ensure fair treatment of defendants while balancing the plaintiffs' rights. The Court ultimately affirmed the decree for recovery of rent and possession in favor of the plaintiffs.