In Brief
Robin Thapa challenged an ex parte decree for specific performance obtained against him for failing to execute a sale deed. The High Court had upheld the ex parte decree despite Thapa's plea that he was not properly served with the summons and came to know of the suit belatedly. The Supreme Court held that litigation should be adjudicated on merits rather than terminated by default. It allowed the appeal and set aside the ex parte decree on condition that Thapa deposit Rs.67,400 (stamp duty and registration expenses) and Rs.50,000 as costs within one month, allowing him to contest the suit within six months.",
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