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.