G H SHREE CHAITANYA CONSTRUCTIONS versus SUDHIR POONAMCHAND PARAKH & ORS.

G H SHREE CHAITANYA CONSTRUCTIONS versus SUDHIR POONAMCHAND PARAKH & ORS.

High Court erred in recalling its judgment on the ground of alleged lack of representation, as Respondent No.1 was repeatedly served by multiple means but chose not to appear; submissions recorded in the appeal covered all relevant issues, and absence of written Vakalatnama did not constitute sufficient grounds for review; the result would have been the same regardless of actual appointment of counsel.

Parties
Appellant: Shree Chaitanya Constructions; Respondent No.1/defendant No.5: Sudhir Poonamchand Parakh; Respondents: Defendants (other family members)
Jurisdiction
India
Judgment Date
17 July 2019
Procedural Posture
Civil Appeal / Appeal From High Court Review Order
Outcome
appeal allowed; impugned High Court judgment recalling its judgment set aside
Legal Topics
Specific Performance, Natural Justice, Right to Be Heard, Review, Service of Notice, Representation by Counsel
Civil Law Specific Performance Natural Justice Right to Be Heard Review Service of Notice Representation by Counsel

Case Brief

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Parties

Shree Chaitanya Constructions

Appellant

Sudhir Poonamchand Parakh

Respondent No.1/defendant No.5

Defendants (other family members)

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Review Order

Legal Issues

  1. 1 Whether the High Court erred in recalling its judgment decreeing specific performance due to alleged lack of representation for Respondent No.1.
  2. 2 Whether proper service was effected to Respondent No.1 and whether he was denied the right to be heard.

Ratio Decidendi

High Court erred in recalling its judgment on the ground of alleged lack of representation, as Respondent No.1 was repeatedly served by multiple means but chose not to appear; submissions recorded in the appeal covered all relevant issues, and absence of written Vakalatnama did not constitute sufficient grounds for review; the result would have been the same regardless of actual appointment of counsel.

Court Disposition

appeal allowed; impugned High Court judgment recalling its judgment set aside

Orders

  • Impugned judgment of the High Court recalling its judgment dated 14.2.2018 is set aside.
  • Appeal allowed.