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january 2022

Supreme Court of India · 2022-01-18

Mamtaz vs Gulsuma Alias Kulusuma

Court
Supreme Court of India
Petitioner
Mamtaz
Respondent
Gulsuma Alias Kulusuma
Author
M.R. Shah
Bench
Sanjiv Khanna, M.R. Shah

Judgment text excerpt

The Supreme Court overturned the High Court's decision that quashed the Trial Court's ex parte decree in favor of the appellants. The Court emphasized the importance of adhering to procedural norms, particularly regarding the setting aside of ex parte decrees under Order IX Rule 13 of the CPC. The matter was remanded to the Trial Court for fresh disposal, ensuring that all parties have a fair opportunity to present their case.

Mamtaz vs Gulsuma Alias Kulusuma · Niyam