Supreme Court of India · 2008-05-02
Subhash Chander Sachdeva vs Yoginder Mohan Sachdeva & Anr
- Court
- Supreme Court of India
- Petitioner
- Subhash Chander Sachdeva
- Respondent
- Yoginder Mohan Sachdeva & Anr
- Bench
- V.S. Sirpurkar, P.P. Naolekar
Judgment text excerpt
The Supreme Court held that the appropriate remedy for the appellant, after a judgment and decree has been passed, is to appeal before the Division Bench to challenge the validity of the order striking off the appellant's defence. The Court noted that the appellant was seriously ill when the defence was struck off and emphasized the importance of allowing the appellant to raise this issue in the appeal. Consequently, the appeal was disposed of with the liberty granted to the appellant to contest the validity of the learned Single Judge's order.