Supreme Court of India

Sushil K. Chakravarty (d) Thr. Lrs. v. M/s. Tej Properties Pvt. Ltd.

Neutral citation
Reported as [2013] 5 S.C.R. 243
Bench P. Sathasivam and Jagdish Singh Khehar JJ.
Decided 19 March 2013

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

For the reasons recorded hereinabove, we find no merit in the instant appeals and the same are accordingly dismissed.

Judgment, page 24

From the headnote

Code of Civil Procedure, 1908 - Order XX/I, rule 4(4) - Suit pending before High Court - Death of sole defendant during pendency of the suit - High Court proceeded with the matter ex-parte, as against the sole defendant, without impleading his legal representatives in his place - Justification - Held: On facts, the defendant had filed a written statement but had thereafter failed to appear and contest the suit - High Court had taken a conscious decision u!Order XX/I Rule 4(4), to proceed with the matter ex-parte as against interests of such a defendant, without first requiring the plaintiff

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