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december 2024

Supreme Court of India · 2024-12-20

Dwarika Prasad (D) Through Lrs vs Prithvi Raj Singh

Citation / case number
2024 INSC 1030
Court
Supreme Court of India
Petitioner
Dwarika Prasad (D) Through Lrs
Respondent
Prithvi Raj Singh
Author
Vikram Nath
Bench
Vikram Nath

Judgment text excerpt

The Supreme Court upheld the Allahabad High Court's dismissal of the Writ Petition challenging the order of the District Judge under Section 115 of the Civil Procedure Code (CPC). The Court affirmed that the Trial Court's decision to restore the ex parte decree was justified, as the Appellant was illiterate and misled by his previous counsel, thus entitled to a fair hearing. The ruling emphasizes the importance of ensuring that uneducated litigants are not prejudiced due to the actions of their legal representatives.

Dwarika Prasad (D) Through Lrs vs Prithvi Raj Singh · Niyam