LALDHARI MISTRI (DEAD) THR. LRS. & ANR. versus VIJAY KUMAR

LALDHARI MISTRI (DEAD) THR. LRS. & ANR. versus VIJAY KUMAR

In light of respondent Vijay Kumar's repeated absence both in court and at the suit property, along with the peculiar circumstances indicating potential abuse of process to stultify an eviction decree, the ex parte decree dated 09.06.1987 is set aside to ensure justice and the suit is to be heard on merits.

Parties
Appellant: Laldhari Mistri (Dead) through LRs. & Anr.; Respondent: Vijay Kumar
Jurisdiction
India
Judgment Date
13 July 2017
Procedural Posture
Civil Appeal / Final Appellate Decision
Outcome
appeal allowed
Legal Topics
Ex Parte Decree, Setting Aside Ex Parte Decree, Specific Performance, Eviction, Order IX Rule 13
Civil Procedure Ex Parte Decree Setting Aside Ex Parte Decree Specific Performance Eviction Order IX Rule 13

Case Brief

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Parties

Laldhari Mistri (Dead) through LRs. & Anr.

Appellant

Vijay Kumar

Respondent

Procedural Posture

Civil Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether the ex parte decree dated 09.06.1987 ought to be set aside under Order IX Rule 13 of the Code of Civil Procedure, 1908?
  2. 2 Whether the respondent Vijay Kumar was a bona fide party relating to the alleged agreement to sell?

Ratio Decidendi

In light of respondent Vijay Kumar's repeated absence both in court and at the suit property, along with the peculiar circumstances indicating potential abuse of process to stultify an eviction decree, the ex parte decree dated 09.06.1987 is set aside to ensure justice and the suit is to be heard on merits.

Court Disposition

appeal allowed

Orders

  • Orders dated 11.12.2001 (trial court), 29.05.2004 (appellate court), and 31.08.2005 (High Court) are set aside.
  • Ex parte decree dated 09.06.1987 set aside.