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october 2007

Supreme Court of India · 2007-10-12

Mahabir Singh vs Subhash & Ors

Citation / case number
AIR 2008 SUPREME COURT 276
Court
Supreme Court of India
Petitioner
Mahabir Singh
Respondent
Subhash & Ors
Author
S.B. Sinha
Bench
S.B. Sinha, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court upheld the High Court's decision regarding the validity of an ex parte decree passed under Order IX Rule 13 of the Code of Civil Procedure, affirming that proper service of summons was executed and the defendant's application to set aside the decree was rightly dismissed. The Court emphasized that the defendant had intentionally failed to appear in court despite multiple opportunities for service, thus validating the ex parte judgment. The Court held that the principles of natural justice were not violated in this case, and the appeal was dismissed.

Mahabir Singh vs Subhash & Ors · Niyam