In Brief
In this civil appeal, the Supreme Court set aside an ex-parte decree in a specific performance suit dating to 1987. The case involved a residential house in Munger where eviction proceedings had been initiated and ultimately succeeded. The defendant-landlord later agreed to sell the house to Vijay Kumar, leading to a specific performance suit in which Vijay Kumar obtained an ex-parte decree. Notably, Vijay Kumar never appeared before the Court or at the property despite multiple judicial directions to do so. The Court found that Vijay Kumar appeared to be a fictitious entity put up by the tenant to defeat the landlord's final eviction decree. Setting aside all lower court orders, the Court remitted the suit for hearing on merits to do complete justice."
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