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september 2018

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.

P.S. Ayub vs Asif Jagirdar · Niyam