VidhiSangh

Supreme Court of India · 25/01/2018

JAYAPRAKASH & ANR. versus T. S. DAVID & ORS.

[2018] 1 S.C.R. 262 · 2018 INSC 61

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Summary

The Supreme Court upheld remand of a specific-performance suit for fresh trial because two defendants had not received required notice. The Kerala amendment to Order IX Rule 13 entitled them to notice before the entire ex parte decree was set aside at the instance of other defendants. They were also entitled to fresh suit notice after restoration despite their earlier non-appearance. Trial could resume on merits only after proper service on them; the other two defendants needed no fresh notice.

Issues

  1. Whether failure to notify non-applicant defendants before setting aside the entire decree and after restoration justified a fresh trial.

Held

Result

Appeal dismissed; remand for fresh trial upheld on the identified notice defects. Fresh service on defendants Nos. 1 and 2 required before trial resumes.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 262.