SUSHIL KUMAR SABHARWAL vs GURPREET SINGH . — C.A. No. 5111/2000

Case under Section IV. Status: Disposed.

Disposed

CNR: SCIN010056532000

Filing Date

31-Mar-2000

Registration No

C.A. No. 5111/2000

Diary Number

5653/2000

Order Date

23-Apr-2002

Document Type

Judgment - of Main Case

Disposal Type

Dismissed

Last updated 02-Jun-2026

Acts & Sections

Section IV

Petitioner(s)

  1. 1.SUSHIL KUMAR SABHARWAL

    Adv. MEERA AGARWAL

Respondent(s)

  1. 1.GURPREET SINGH .

    Adv. P. N. PURI

Case History

  1. Case disposedDisposed

  2. 23-Apr-2002

    Judgment - of Main CaseView PDF

  3. 15-Apr-2002

    ROP - of Main CaseView PDF

  4. 31-Mar-2000

    Case filed

    Registration No. C.A. No. 5111/2000

View Full Judgment
casestatus.in Summary

Case Summary: The Supreme Court set aside an ex-parte eviction decree, finding the process server failed to properly serve summons on tenant Sushil Kumar Sabharwal. The Court found multiple procedural defects: the summons was allegedly tendered only one day before hearing, no witnesses were present despite the shop being in a populated area, and the process server's testimony contradicted his own endorsement. The tenant's sworn testimony that he never received the summons was deemed more credible. The Court emphasized that courts must satisfy themselves that summons was duly served before proceeding ex-parte, and remitted the case for fresh hearing on merits. This case analysis is maintained by casestatus.in based on publicly available court records.

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