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.