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december 2023

Supreme Court of India · 2023-12-01

The Koushik Mutually Aided Cooperative ... vs Ameena Begum

Court
Supreme Court of India
Petitioner
The Koushik Mutually Aided Cooperative ...
Respondent
Ameena Begum
Author
B.V. Nagarathna
Bench
B.V. Nagarathna

Judgment text excerpt

The Supreme Court examined an appeal against a High Court order concerning a civil suit for specific performance of an agreement to sell. The appellant had obtained an ex-parte decree, and the case involved issues of procedural irregularities and the validity of the decree. The Court analyzed the procedural history and the circumstances under which the ex-parte decree was passed, emphasizing the importance of fair trial principles. The judgment underscores the need for proper notice and opportunity to contest before passing a decree, ultimately allowing the appeal to proceed further.

The Koushik Mutually Aided Cooperative ... vs Ameena Begum · Niyam