Supreme Court of India · 2006-12-08
DESA SINGH vs AJIT SINGH .
- Citation / case number
- SC 2004/14698
- Court
- Supreme Court of India
- Petitioner
- DESA SINGH
- Respondent
- AJIT SINGH .
- Author
- ARIJIT PASAYAT
- Bench
- S.H. KAPADIA DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court set aside the Punjab and Haryana High Court's judgment which dismissed the appellant's second appeal due to lack of representation, holding that the High Court should not have decided the matter on merits without the appellant being represented. The Court emphasized that in such circumstances, the proper course is to dismiss for default rather than adjudicate on the merits. The matter was remitted back to the High Court for a fresh hearing, allowing the appellant to engage new counsel within a specified time frame.