Vijay Singh vs Shanti Devi - Supreme Court Important Judgment

 Vijay Singh vs Shanti Devi - Supreme Court Important Judgment 2017 - 


On 8th September, 2017, in the case of Vijay Singh v. Shanti Devi and Anr. [Civil Appeal No.2062 of 2009], the issue for consideration was whether, in a suit for preemption, an ex parte decree which is later set aside, can be termed to be the decree of the court of first instance. It was held that “an ex parte decree is passed when the court believes that the defendant has been served but is not appearing in court despite service of summons.” It was further held that “after the ex parte decree is set aside, it is no decree in the eyes of law. The decree passed by the trial court on merits should be treated as the decree of the first court.” 


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