ASHOK NAGAR WELFARE ASSOCIATION AND ANR. versus R.K. SHARMA AND ORS.

ASHOK NAGAR WELFARE ASSOCIATION AND ANR. versus R.K. SHARMA AND ORS.

The ex parte decrees were obtained by non-service or defective service of summons, constituting abuse of the court's process; Division Bench of the High Court rightly set aside the decrees and directed a fresh trial. Supreme Court, exercising discretion under Article 136, refused to interfere, leaving open the question of maintainability of intra-court appeals under Section 10 of the Delhi High Court Act against decrees under Section 6 of the Specific Relief Act.

Parties
Petitioner: Ashok Nagar Welfare Association; Respondent: R.K. Sharma
Jurisdiction
India
Judgment Date
14 December 2001
Procedural Posture
Special Leave Petition (civil) / Supreme Court Appellate Review of Division Bench Order From Delhi High Court
Outcome
Special Leave Petitions dismissed.
Legal Topics
Restoration of Possession, Ex Parte Decree, Service of Summons, Scope of Intra Court Appeal, Abuse of Process
Civil Procedure Property Law Restoration of Possession Ex Parte Decree Service of Summons Scope of Intra Court Appeal Abuse of Process

Case Brief

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Parties

Ashok Nagar Welfare Association

Petitioner

R.K. Sharma

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Appellate Review of Division Bench Order From Delhi High Court

Legal Issues

  1. 1 Whether service of summons had been properly effected on defendants before passing ex parte decree
  2. 2 Whether intra-court appeal (Letters Patent Appeal) is maintainable under Section 10, Delhi High Court Act, against a decree passed under Section 6, Specific Relief Act, 1963, in light of Section 6(3) bar
  3. 3 Scope of Supreme Court interference under Article 136 of the Constitution

Ratio Decidendi

The ex parte decrees were obtained by non-service or defective service of summons, constituting abuse of the court's process; Division Bench of the High Court rightly set aside the decrees and directed a fresh trial. Supreme Court, exercising discretion under Article 136, refused to interfere, leaving open the question of maintainability of intra-court appeals under Section 10 of the Delhi High Court Act against decrees under Section 6 of the Specific Relief Act.

Court Disposition

Special Leave Petitions dismissed.

Orders

  • The impugned order of Delhi High Court Division Bench (setting aside the ex parte decrees and remanding the suits for trial) is affirmed.
  • No order as to costs.