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Supreme Court of India 2017-07-13 allowed

Laldhari Mistri (dead) Thr. Lrs. & Anr vs Vijay Kumar

Bench: 2 — R.F. Nariman

In Brief

A landlord sought to set aside an ex-parte decree passed against him in a specific performance suit filed by one Vijay Kumar. The eviction proceedings by the original landlord had progressed through multiple appeals and finally resulted in an eviction order in 1992. However, Vijay Kumar filed a suit in 1986 on an alleged agreement to sell, resulting in an ex-parte decree in 1987. Despite being party to later proceedings, Vijay Kumar never appeared in Court or at the property. The Supreme Court found that Vijay Kumar was likely put up by the tenant to defeat the eviction decree, and set aside the ex-parte decree to allow the underlying suit to proceed on merits.

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Civil Procedure Ex-parte Decree Order IX Rule 13 CPC Eviction Specific Performance Real Property

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