Supreme Court of India
Smt. Sudha Devi v. M.P. Narayanan & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that the suit should be sent back to the learned Single Judge for retrial.
Judgment, page 5
From the headnote
Code of Civil Procedure, 1908: Order IX, Rule 13-Decree ex parte-Setting aside of-Held, even in absence of a defence Court not entitled to pass an ex-parte decree without reliable relevant evidence. Indian Evidence Act, 1872: SectiiJn 3-Affidavits can be used as 'evidence' only when ordered by court under Order XIX, Rules I or 2 ·~- ~ . Constitution of India, Article 136: Plaintiff in suit cannot be allowed to fill up lacuna in evidence at S.L.P. stage. The plaintiff-appellant filed a suit for ejectment of the tenant defendant No. 1 for default in payment of rent and also to have wrong- -
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.