In Brief
The appellants sought specific performance of a property sale agreement against four defendants. An ex parte decree was initially passed against all four defendants. Only defendants 3 and 4 applied to set it aside under Order 9 Rule 13 of the CPC; the entire decree was set aside, but defendants 1 and 2 were not given notice of these proceedings, contrary to Kerala's local amendment requiring notice. On remand, defendants 1 and 2 received no fresh notice but were again decreed against ex parte. The High Court remanded for fresh trial. The Supreme Court upheld the remand, holding that procedural infirmities—failure to notify all defendants in Order 9 proceedings and failure to issue fresh notice on remand—necessitated fresh adjudication on merits in accordance with law.
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