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february 2018

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.

SURAT SINGH (DEAD) vs SIRI BHAGWAN · Niyam