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april 2008

Supreme Court of India · 2008-04-04

REENA SADH vs ANJANA ENTERPRISES

Citation / case number
SC 2007/13130
Court
Supreme Court of India
Petitioner
REENA SADH
Respondent
ANJANA ENTERPRISES
Author
V.S. SIRPURKAR S.B. SINHA
Bench
V.S. SIRPURKAR S.B. SINHA

Judgment text excerpt

The Supreme Court held that the dismissal of the appellant's application under Order IX Rule 13 of the Code of Civil Procedure was erroneous, as she was not served with notice regarding the transfer of the suit from the High Court to the District Court, violating her right to a fair hearing under Article 21. The Court emphasized that proper notice must be given to all parties after a transfer, and the failure to do so rendered the ex-parte proceedings invalid. Consequently, the Court set aside the lower courts' orders and allowed the appellant's application to set aside the ex-parte decree.

REENA SADH vs ANJANA ENTERPRISES · Niyam