Supreme Court of India · 2008-09-01
Pavan Sachdeva & Anr vs S.M.S.Pharmaceuticals Ltd.& Anr
- Citation / case number
- AIRONLINE 2008 SC 113
- Court
- Supreme Court of India
- Petitioner
- Pavan Sachdeva & Anr
- Respondent
- S.M.S.Pharmaceuticals Ltd.& Anr
- Bench
- G.S. Singhvi, B.N. Agrawal
Judgment text excerpt
The Supreme Court held that the High Court erred in setting aside the Trial Court's order allowing the application for setting aside the ex-parte decree and condoning the delay, as there was no error of jurisdiction or material irregularity in the Trial Court's exercise of jurisdiction. The Court restored the Trial Court's order and directed it to decide the summary suit afresh in accordance with law. This decision emphasizes the importance of respecting the Trial Court's jurisdiction in summary proceedings.