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Parth Chandra (none)     14 June 2010

Judgement Needed - Urgently

Hi,

 

Can anyone please give me the judgment copy for below case?

 

Pavan Sachadeva Vs SMS pharmaceuticals, Year 2008 Supreme court judgment for CPC Order-9, Rule 13



Learning

 8 Replies

N.K.Assumi (Advocate)     14 June 2010

Go to https://indiankanoon.org. You will get it there.

Parth Chandra (none)     14 June 2010

Respected Sir N.K.Assumi,

 

I tried as per your suggestion but could not find it. Kindly suggest.

ABHINAV JAIN (Associate)     14 June 2010

Here's the Judgment

 

                      IN THE SUPREME COURT OF INDIA

                       CIVIL APPELLATE JURISDICTION

                         CIVIL APPEAL NO.5410 OF 2008
                     (Arising out of S.L.P. (C) No.21540 of 2006)



Pavan Sachdeva & Anr.                                      ...Appellant(s)

                                       Versus

S.M.S. Pharmeceuticals Ltd. & Anr.              ...Respondent(s)




                                     O R D E R


          Leave granted.
          Heard learned counsel for the parties.
          The Trial Court passed ex-parte decree in a summary suit. The appellants
filed an application for setting aside the ex-parte decree and also for condonation of
delay. The same was registered as I.A. No.1224 of 2000. The Trial Court, by its order
dated 23rd February, 2001, allowed the application. That order was set aside by the
High Court and the matter was remitted to the Trial Court for fresh disposal of I.A.
No.1224 of 2000.
          Having heard learned counsel for the parties and perused the records, we
are convinced that the High Court was not justified in interfering with the order of
the Trial Court because the same did not suffer from any error of jurisdiction or
material irregularity in exercise of jurisdiction. As a matter of fact, the High Court
has not
                                                                                 ...2/-
                                        -2-
recorded any finding on this issue.
           Accordingly, the appeal is allowed, the order passed by the High Court is
set aside and the one passed by the Trial Court is restored. The Trial Court shall now
decide the summary suit afresh in accordance with law.


                                                                       ......................J.
                                              [B.N. AGRAWAL]



                                                                       ......................J.
                                              [G.S. SINGHVI]
New Delhi,
September 01, 2008.

1 Like

Parth Chandra (none)     15 June 2010

Thanks Abhinav, Can you plz give me the full copy of the judgement or let me know if this is sufficiant to give the citation in court?

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     15 June 2010

sir

at the time of arguments quating the citation is necessary but u have to submit the judgment copy to the judiciay.for judment its better to go ad search in s.c website

INIYEN SENDIL.K (advocate)     16 June 2010

power of attorny deed cancealled by the single person is null and void-

INIYEN SENDIL.K (advocate)     16 June 2010

related judgement regarding cacellation of power of attorny deed by the property owner with out comunicatiing the power of attorny holder is null and void.

INIYEN SENDIL

ADVOCATE

TAMIL NADU

ABHINAV JAIN (Associate)     16 June 2010

To find a copy of the said judgement go to this website- www.supremecourtofindia.nic.in/

here go in the judgment category/head.


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