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july 2019

Supreme Court of India · 2019-07-08

Robin Thapa vs Rohit Dora

Citation / case number
AIR 2019 SUPREME COURT 3225
Court
Supreme Court of India
Petitioner
Robin Thapa
Respondent
Rohit Dora
Author
K.M. Joseph
Bench
K.M. Joseph, Ashok Bhushan

Judgment text excerpt

The Supreme Court held that the High Court's order setting aside the Trial Court's decision under Order 9 Rule 13 of the Code of Civil Procedure, 1908 was erroneous. The Court emphasized that litigation should be resolved on merits rather than by default, citing the need for justice and fair opportunity to contest. The Court found that the appellant had not been adequately notified of the proceedings, thus allowing the appeal and reinstating the Trial Court's order to set aside the ex parte decree.

Robin Thapa vs Rohit Dora · Niyam