Supreme Court of India · 2009-05-01
Kare vs Brajendra
- Court
- Supreme Court of India
- Petitioner
- Kare
- Respondent
- Brajendra
- Bench
- G.S. Singhvi, B.N. Agrawal
Judgment text excerpt
The Supreme Court held that the appellant was not properly served notice under the Rajasthan Debt Recovery Act due to an incorrect address provided by the respondent, leading to an ex-parte decree. The Court established that the trial court and subsequent appellate courts erred in dismissing the appellant's application to set aside the ex-parte decree without considering the incorrect address claim. Consequently, the Court allowed the appeal, set aside the impugned orders and ex-parte decree, and restored the application for fresh decision by the Debt Recovery Court.