Dwarika Prasad (D) Through Lrs vs Prithvi Raj Singh
Judges (2)
Parties (2)
Case Significance
Dwarika Prasad (D) Through Lrs vs Prithvi Raj Singh is a Supreme Court of India decision dated December 20, 2024 (citation: insc-2024-1030). The Supreme Court allowed the appeal and restored the trial court's order granting restoration of a suit under Order IX Rule 13 CPC. The respondent had obtained an ex parte decree declaring a sale deed null and void on grounds of fraud, and the appellant's restoration application was allowed by the trial court but reversed by the Revisional Court and High Court on the technical ground that no separate condonation of delay application was filed. The Court held that the restoration application The bench comprised Justices Prasanna B. Varale and Vikram Nath. The judgment was delivered by Justice Vikram Nath.
Summary
The Supreme Court allowed the appeal and restored the trial court's order granting restoration of a suit under Order IX Rule 13 CPC. The respondent had obtained an ex parte decree declaring a sale deed null and void on grounds of fraud, and the appellant's restoration application was allowed by the trial court but reversed by the Revisional Court and High Court on the technical ground that no separate condonation of delay application was filed. The Court held that the restoration application itself contained sufficient grounds for condonation and no separate application was needed.
What was the outcome of Dwarika Prasad (D) Through Lrs vs Prithvi Raj Singh?
The Supreme Court allowed the appeal and restored the trial court's order granting restoration of a suit under Order IX Rule 13 CPC. The respondent had obtained an ex parte decree declaring a sale dee...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (insc-2024-1030)