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september 2018

Supreme Court of India · 2018-09-27

GOPAL NAGAR COOPERATIVE HOUSE BUILDING SOCIETY LTD. vs MOHD. ASLAM @ ABU BAKAR AND ETC

Citation / case number
SC 2016/38978
Court
Supreme Court of India
Petitioner
GOPAL NAGAR COOPERATIVE HOUSE BUILDING SOCIETY LTD.
Respondent
MOHD. ASLAM @ ABU BAKAR AND ETC
Author
HON'BLE MRS. JUSTICE R. BANUMATHI
Bench
HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MRS. JUSTICE R. BANUMATHI

Judgment text excerpt

The Supreme Court addressed appeals against the High Court's order setting aside the Trial Court's decrees in a partition suit under O.S. No. 21 of 2004. The Court held that the appellant-Society was not properly served in the earlier proceedings, thus the ex-parte decrees were set aside. The Court affirmed the necessity for detailed reasoning in judicial orders, leading to the remand of the case for fresh consideration, thereby upholding the principles of natural justice and fair trial under Article 21 of the Constitution.

GOPAL NAGAR COOPERATIVE HOUSE BUILDING SOCIETY LTD. vs MOHD. ASLAM @ ABU BAKAR AND ETC · Niyam