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may 2007

Supreme Court of India · 2007-05-14

Lal Devi And Another vs Vaneeta Jain And Others

Citation / case number
AIR 2007 SUPREME COURT 1889
Court
Supreme Court of India
Petitioner
Lal Devi And Another
Respondent
Vaneeta Jain And Others
Author
B.P. Singh
Bench
B.P. Singh, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court held that the High Court erred in affirming the ex-parte decree for specific performance under the Specific Relief Act, 1963, as the Trial Court did not justify proceeding ex-parte when the defendant was absent. The Court emphasized the necessity of ensuring fair opportunity for both parties to present their case, particularly in matters involving significant property rights. Consequently, the Supreme Court set aside the High Court's order and directed the Trial Court to rehear the case, allowing the defendant to present their defense.

Lal Devi And Another vs Vaneeta Jain And Others · Niyam