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july 2021

Supreme Court of India · 2021-07-16

K.P. NATARANJAN vs MUTHALAMMAL

Citation / case number
SC 2021/1845
Court
Supreme Court of India
Petitioner
K.P. NATARANJAN
Respondent
MUTHALAMMAL
Author
HON'BLE MS. JUSTICE INDIRA BANERJEE
Bench
HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN HON'BLE MS. JUSTICE INDIRA BANERJEE

Judgment text excerpt

The Supreme Court upheld the High Court's decision to set aside an ex-parte decree for specific performance due to the decree being a nullity, as it was passed against a minor without proper representation. The Court emphasized the importance of adhering to procedural safeguards under the Code of Civil Procedure, particularly in cases involving minors. The petitioners were required to pay a sum of Rs. 2,50,000 to the decree holders as a condition for setting aside the decree.

K.P. NATARANJAN vs MUTHALAMMAL · Niyam