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ASHOK PANDEY v. CHANDRA BHUSHAN SINGH

Supreme Court of India | Diary 7891/2024

Status

Order

Decided On

2024-12-05

Bench

HON'BLE MR. JUSTICE MANOJ MISRA, HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA

Petitioner

ASHOK PANDEY

Respondent

CHANDRA BHUSHAN SINGH

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Civil Appeal No(s). 014028 /2024 [@ SLP(C)No.5535/2024]

ASHOK PANDEY Appellant(s)

VERSUS

CHANDRA BHUSHAN SINGH & ORS. Respondent(s)

O R D E R

1. Leave granted.

2. Heard Mr. Praveen Kumar, learned counsel for the appellant and

Mr. Neeraj Kumar Verma, learned counsel for the respondents.

3. The appellant is the defendant in the suit filed by the

respondent(s) herein for declaration of title and to set-aside

an earlier sale deed. The suit filed by the respondent(s)

came to be decreed ex-parte on 11.01.2012. The appellant moved

an application for setting aside the ex-parte decree which

came to be dismissed by the Trial Court by its order dated

28.02.2017. The appellant successfully appealed against this

order and the First Appellate Court set-aside the ex-parte

decree on 09.10.2018. The respondent(s) filed a revision

before the High Court which came be to allowed by the order

2

impugned before us. Thus, the present Civil Appeal by the

appellant/defendant in the suit.

4. The First Appellate Court by its order dated 09.10.2018

having considered the matter in detail has come to the

following conclusion:

“11. No documentary evidence has been adduced on behalf of opposite party neither service report of service of summon of title suit against Ashok Pandey has been adduce...

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