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Supreme Court of India · 2008-03-10

NIYAZ AHMED vs ASLAM HOSSAIN

Citation / case number
SC 2006/22604
Court
Supreme Court of India
Petitioner
NIYAZ AHMED
Respondent
ASLAM HOSSAIN
Bench
B.N. AGRAWAL & G.S. SINGHVI

Judgment text excerpt

The Supreme Court held that the Trial Court erred in staying Title Suit No.48 of 2003 and subsequently vacating the stay without just cause, leading to an ex-parte decree that was unjustified. The Court emphasized that both suits should have been tried together, thereby setting aside the orders of the Trial Court and the lower appellate court, and remitting the matter for joint disposal. The Court directed the District Judge to club the suits and expedite their hearing.

NIYAZ AHMED vs ASLAM HOSSAIN · Niyam