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march 2008

Supreme Court of India · 2008-03-14

Usha Sinha vs Dina Ram & Ors

Citation / case number
AIR 2008 SUPREME COURT 1997
Court
Supreme Court of India
Petitioner
Usha Sinha
Respondent
Dina Ram & Ors
Author
C.K. Thakker
Bench
C.K. Thakker, Markandey Katju

Judgment text excerpt

The Supreme Court held that the ex-parte decree passed in Title Suit No. 140 of 1999 was valid despite the appellant's claims of lack of notice and jurisdiction. The Court emphasized that the appellant, having purchased the property after the suit was filed, could not challenge the decree on grounds of fraud or collusion. The Court upheld the High Court's decision, affirming the decree-holder's right to execute the decree under Section 151 of the Code of Civil Procedure, 1908, and dismissed the appeal, maintaining the status of the decree as legal and executable.

Usha Sinha vs Dina Ram & Ors · Niyam