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september 2012

Supreme Court of India · 2012-09-26

Kamlesh Ambalal Contractor & Ors vs Jakshibhai Sajanbhai Bharvad & Ors

Citation / case number
AIRONLINE 2012 SC 380
Court
Supreme Court of India
Petitioner
Kamlesh Ambalal Contractor & Ors
Respondent
Jakshibhai Sajanbhai Bharvad & Ors
Author
K.S. Radhakrishnan
Bench
Dipak Misra, K.S. Radhakrishnan

Judgment text excerpt

The Supreme Court set aside the judgments of the lower courts and directed the Principal Senior Civil Judge, Ahmedabad (Rural) to reconsider Regular Civil Suit No. 516 of 2008. The Court found that the consent decree was obtained without proper representation of the defendants, as it was signed only by the Power of Attorney holder and not by the defendants themselves. The Court emphasized the necessity of ensuring that all parties have a fair opportunity to present their case in accordance with law, thereby reinforcing the principles of natural justice.

Kamlesh Ambalal Contractor & Ors vs Jakshibhai Sajanbhai Bharvad & Ors · Niyam