Supreme Court of India · 2014-04-21
Harbans Pershad Jaiswal(D) By Lrs vs Urmila Devi Jaiswal (Dead) By Lrs
- Citation / case number
- AIR 2014 SUPREME COURT 3032
- Court
- Supreme Court of India
- Petitioner
- Harbans Pershad Jaiswal(D) By Lrs
- Respondent
- Urmila Devi Jaiswal (Dead) By Lrs
- Author
- A.K.Sikri
- Bench
- A.K. Sikri
Judgment text excerpt
The Supreme Court addressed the appeals concerning property rights following the death of Shiv Pershad Jaiswal, focusing on the interpretation of the preliminary decree under the Code of Civil Procedure, 1908. The Court held that the High Court's ex-parte judgment was improper due to the absence of the appellants' counsel, thus violating principles of natural justice. The Court set aside the High Court's order and remanded the case for fresh consideration, emphasizing the need for fair representation in legal proceedings.