Supreme Court of India · 2018-09-28
P.S. Ayub vs Asif Jagirdar
- Citation / case number
- AIRONLINE 2018 SC 739
- Court
- Supreme Court of India
- Petitioner
- P.S. Ayub
- Respondent
- Asif Jagirdar
- Author
- R. Banumathi
- Bench
- Indira Banerjee, R. Banumathi
Judgment text excerpt
The Supreme Court held that the appellant's failure to appear in the eviction suit (O.S. NO.25571/2012) led to an ex-parte decree, which was subsequently challenged. The Court emphasized the necessity of depositing future rent as a condition for restoring the suit, citing Order IX Rule 13 CPC. The appeal was allowed, setting aside the High Court's order and restoring the suit, with a directive for the appellant to deposit Rs.2,77,000/- within eight weeks to avoid revival of the eviction decree.