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september 2006

Supreme Court of India · 2006-09-13

TEA AUCTION LTD. vs GRACE HILL TEA INDUSTRY

Citation / case number
SC 2005/16724
Court
Supreme Court of India
Petitioner
TEA AUCTION LTD.
Respondent
GRACE HILL TEA INDUSTRY
Author
D.K. JAIN S.B. SINHA
Bench
D.K. JAIN S.B. SINHA

Judgment text excerpt

The Supreme Court interpreted Order IX Rule 13 of the Code of Civil Procedure, 1908, emphasizing that a court must exercise discretion judiciously when recalling ex-parte decrees. The Court held that imposing harsh conditions for recalling a decree, such as requiring a substantial security deposit, is not permissible if the party was misled about the necessity of their appearance. The appeal was allowed, overturning the High Court's decision that had upheld the condition imposed by the Single Judge.

TEA AUCTION LTD. vs GRACE HILL TEA INDUSTRY · Niyam