Supreme Court of India · 2018-02-19
SURAT SINGH (DEAD) vs SIRI BHAGWAN
- Citation / case number
- SC 2007/10439
- Court
- Supreme Court of India
- Petitioner
- SURAT SINGH (DEAD)
- Respondent
- SIRI BHAGWAN
- Author
- HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
- Bench
- HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE R.K. AGRAWAL
Judgment text excerpt
The Supreme Court examined the validity of a decree obtained by Siri Bhagwan against Murti Devi, which was challenged on grounds of fraud and misrepresentation under the Code of Civil Procedure, 1908, specifically Section 100. The Court held that the High Court's decision to restore the Trial Court's dismissal of the suit was erroneous as it was made without hearing the subsequent purchaser, Surat Singh. The Court emphasized the necessity of hearing all parties involved in a litigation before passing a judgment, thereby reversing the High Court's order and restoring the appellate court's decree in favor of the plaintiffs.