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december 2006

Supreme Court of India · 2006-12-08

Desa Singh vs Ajit Singh & Ors

Citation / case number
AIRONLINE 2006 SC 305
Court
Supreme Court of India
Petitioner
Desa Singh
Respondent
Ajit Singh & Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, S.H. Kapadia

Judgment text excerpt

The Supreme Court held that the Punjab and Haryana High Court erred in deciding the merits of a case in the absence of the appellant's representation due to unforeseen circumstances, which included the retirement and death of the appellant's counsel. The Court emphasized that typically, in such situations, the High Court should dismiss the appeal for default rather than proceeding to a substantive decision. Consequently, the Supreme Court set aside the High Court's order and remitted the matter for a fresh hearing on its merits, allowing the appellant to engage new counsel.

Desa Singh vs Ajit Singh & Ors · Niyam